(1)Where a court has delivered its judgment, it may rectify a clerical error at any time, and any other error, including an error in the exercise of its sentencing powers, may be rectified by the court by the next working day after the delivery of the judgment.
Section history
Section 301 — Judgment not to be altered
Consolidated view is experimental and may be broken for certain provisions.
Illustrations
(a) A Magistrate’s Court sentences an accused to 4 years’ imprisonment for an offence of theft under section 380 of the Penal Code (Cap.20211871.2021 224). In so far2021Insofar2021 as a Magistrate’s Court may only impose an imprisonment term not exceeding 3 years, the court had made an error. Such an error may be rectified by the court by the next working day after the delivery of the judgment.
(b) A committed an offence under the Penal Code 18712021 after the coming into force of the Penal Code (Amendment) Act 2007 (Act 51 of 2007).20212007.2021 The Magistrate’s Court, however, imposed a sentence on A based on the penalty provision in the Penal Code 18712021 that was in force prior to the coming into force of the Penal Code (Amendment) Act 2007 when it should have sentenced A based on the penalty provision as amended by the Penal Code (Amendment) Act 2007. Such an error may be rectified by the court by the next working day after the delivery of the judgment.
(c) A District Court imposes caning on a man who committed an offence when he was 54 years of age. In so far2021Insofar2021 as section 325 of this Code prohibits the court from imposing caning on the man, the court had made an error. Such an error may be rectified by the court by the next working day after the delivery of the judgment.
(d) A District Court sentences an accused to one year’s imprisonment for an offence of extortion by putting a person in fear of death or grievous hurt under section 386 of the Penal Code.2021Code2021 In20211871.2021 so far2021Insofar2021 as section 386 of that Code imposes a mandatory minimum imprisonment term of 2 years, the court had made an error. Such an error may be rectified by the court by the next working day after the delivery of the judgment.
(2)For2021To2021 the avoidance of2021avoid2021 doubt, any error resulting from a sentence imposed by a court which it subsequently views as being too harsh or too lenient is not such2021an2021 error within the meaning in subsection (1).