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Section 138: One offence proved among several

Criminal Procedure Act · PART VI: JUDGMENT AND SENTENCE

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

138. One offence proved among several (1) Where it appears that one or more of the charges in an information is or are sufficient in law, and, although one other charge, or several other charges, in the same information is or are deemed to be insufficient, the accused shall be acquitted in respect of such charge or charges as is or are held to be insufficient, and judgment shall be given in respect of such charges as are sufficient. (2) (a) Subject to paragraph (b), the Intermediate Court may on sentencing a person convicted of more than one offence under section 303, 304, 305, 306 or 307 of the Criminal Code order that the sentences shall run consecutively. (b) No order shall be made under paragraph (a) whereby a person shall be required to serve sentences which in the aggregate exceed 30 years. [S. 138 amended by Act 1 of 1985.]

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