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Section 74E — Application of enhanced penalties

As in force on 28 July 2023.

Timeline 2 versions
  1. 1 January 2020 Act 15 of 2019
  2. 28 July 2023 You are here
  3. 17 August 2026 Latest
74E.Application of enhanced penalties

(1)Where 2 or more of the sections from amongst sections 73 to 74D are applicable to enhance the punishment for an offence from that which the offender would otherwise have been liable for —

(a)the punishment for the same offence shall not be enhanced by the application of more than one of those sections; and

(b)the court may determine which section should apply to enhance the punishment.

(2)Where any punishment prescribed for an offence is —

(a)a specified minimum sentence or a mandatory minimum sentence of imprisonment or caning, section 73, 74, 74A, 74B, 74C or 74D does not apply to enhance such punishment; and

(b)a sentence of caning, section 73, 74, 74A, 74B, 74C or 74D does not apply to enhance the maximum number of strokes of the cane that may be imposed.