Judgment & the Sentencing Hearing — KSLU Bnss Notes

Judgment & the Sentencing Hearing

A judgment (Ss.392–403) is the final reasoned decision of the court; it must be pronounced in open court, contain the point(s) for determination, the decision and the reasons, and specify the offence and the section and the sentence. Where the conviction is for an offence carrying a range of punishment, the court must hold a separate hearing on the question of sentence (S.258(2) / S.393) — giving the convict an opportunity to place mitigating circumstances before the court. Omitting this hearing is a serious procedural lapse.

flowchart TD
    A["After conviction…"]:::root
    A --> B["Hearing on SENTENCE (S.393)<br/>convict heard on mitigation"]:::leaf
    A --> C["Disposal of PROPERTY (Ss.497-499)"]:::leaf
    A --> D["COMPENSATION to the victim (S.395-396)"]:::leaf
    A --> E["Victim COMPENSATION SCHEME (S.396)"]:::leaf

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The court also deals with disposal of property produced at trial (Ss.497–499) and may order compensation to the victim out of the fine, or under the victim compensation scheme (S.396) even where no fine is imposed — and compensation for groundless accusations against a complainant who set the law in motion without reasonable cause.