Section 67C:
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.
67C. Supreme Court may vary sentence on certiorari
(1) Where the Intermediate Court or a District Court has convicted and
sentenced a person for an offence and the Supreme Court on certiorari determines that the Court had no power to pass the sentence, the Supreme Court
may, instead of quashing the conviction, amend it by substituting for the
sentence imposed any sentence which the Court had power to impose.
(2) Any sentence imposed by the Supreme Court under subsection (1)
shall, unless the Supreme Court otherwise directs, begin to run from the time
when it would have begun to run if it had been imposed by the Intermediate
Court or the District Court, as the case may be, and in computing the term
of the sentence any time during which an offender is at large on bail under
section 67B shall be disregarded.
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Revised Laws of Mauritius
(3) Subsections (1) and (2) shall apply, mutatis mutandis, in relation to any
order of a Court which is made on, but does not form part of, the conviction
of an offender as they apply in relation to a conviction and sentence.
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Questions this section answers
- If the Supreme Court finds my sentence was beyond the Court's powers, can it substitute a lawful sentence instead of quashing my conviction?