Revised Laws of Saint Lucia (2021)

770.   Review of sentencing

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    (1)   A case to which this section applies may be referred to the Court for the sentencing to be reviewed under subsection (3).

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    (2)   This section applies to any case in which sentence is passed on a person convicted of an offence in the High Court or a magistrate's court.

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    (3)   Without prejudice to anything in this Code relating to appeals in, or stating of, criminal cases or matters to the Court, the Director of Public Prosecutions, if it appears to him or her that the sentencing of a person in a case to which this Code or any other enactment applies has been unduly lenient, may refer the case to the Court for the Court to review the sentencing; and on such a reference the Court may—

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      (a)     quash the sentence passed on that person by the Court of trial; and

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      (b)     in place of that sentence pass such sentence as the Court thinks appropriate and as the Court of trial had power to pass when dealing with the person tried.

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    (4)   The provisions of subsection (3) may be satisfied if it appears to the Director of Public Prosecutions that the judge or, as the case may be, the magistrate erred in law as to his or her powers of sentencing.

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    (5)   The time during which a person is in custody pending the review of his or her case pursuant to a reference under this section, shall be reckoned as part of the term of any sentence to which he or she is for the time being subject.

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    (6)   The term of any sentence passed by the Court under sub section (3) shall, unless the Court orders otherwise, begin to run from the time when that term would have begun to run if it had been passed by the Court of trial.

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    (7)   The provisions of sections 768 and 769 apply, with such modifications and adaptations as are necessary, in relation to a case referred to the Court under this section as those provisions apply in relation to a case referred to the Court under those sections.

SUB-PART C
Summary Trial of Indictable Offences

Jurisdiction