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898.   Previous conviction, how proved

Revised Laws of Saint Lucia (2021)

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898.   Previous conviction, how proved

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    (1)   Where the person indicted for an offence has previously been convicted of any offence, it is lawful for the prosecutor, if the accused has denied such conviction, to give notice that in the event of his or her pleading guilty or being found guilty of the offence for which he or she is indicted, proof will be given of any previous conviction.

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    (2)   When notice has been duly served on the accused that evidence of any previous conviction would be offered against him or her, in accordance with subsection (1), it is lawful, where the person pleads guilty or is convicted, for the prosecutor before sentence is pronounced, to offer to prove such previous conviction or convictions, and the Court shall then ask the accused whether he or she confesses to the fact that he or she is the person who has been previously convicted and whether he or she was previously convicted as alleged.

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    (3)   If the accused does not confess any such matter, then, in the event of his or her pleading guilty, the Court shall empanel a jury, and in case of the accused person not pleading guilty, shall direct the jury which convicted him or her to try the truth of any matter, to which the accused does not confess, or admit.

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    (4)   If on trial by the jury, the previous convictions of the accused or any of them to which he or she does not confess or admit is proved, or if he or she confesses or admits such previous convictions or any of them, then the Court shall take into account such of the previous convictions as has been proved or confessed or admitted, in passing sentence for the offence to which the accused has pleaded guilty or of which he or she has been found guilty.

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