Determinate Sentence - Law Dictionary Search Results
Home Dictionary Name: determinate sentence Page: 2Sentence of a Court
Sentence of a Court, a definite judgment pro-nounced in a criminal proceeding. In the case of indictable offences (except murder, on conviction of which the Court is bound to pronounce sentence of death, by s. 2 of the Offences against the Person Act, 1861 (but see next title), and treason) the extent of the sentence is within a given maximum left to the discretion of the Court, such few maximum sentences as previously were enjoined having been abolished by the (English) Penal Servitude Act, 1891. In passing sentence reference should not be made to the unexpired portion of any former sentence, as this has to be served by virtue of s. 9 of the (English) Penal Servitude Act, 1864; R. v. Smith, (1909) 2 KB 756.See the (English) Infanticide Act, 1922, when in certain cases a verdict of infanticide may be returned, notwithstanding that the circumstances were such that, but for the Act, would have amounted to murder.There is an express power of refraining from sen-tencing at once to punishme...
Sentence of death, Recording of
Sentence of death, Recording of. See the disused but still unrepealed Judgment of Death Act, 1823 (4 Geo. 4, c. 48), 'to enable Courts to abstain from pronouncing sentence of death in certain capital felonies,' and enter judgment on the record instead--which had the effect of a reprieve.The (English) Children Act, 1933, s. 53(1), provides as follows:-Sentence of death shall not be pronounced on or recorded against a person under the age of eighteen, but in lieu thereof the Court shall sentence him to be detained during His Majesty's pleasure, and, if so sentenced, he shall, notwithstanding anything in the other provisions of this Act, be liable to be detained in such place and under such conditions as the Secretary of State may direct....
The sentence imposed
The sentence imposed, is a sentence of imprison-ment or detention and therefore the requirement for a statement showing to what extent the sentence has not been carried out must also relate to a sentence of imprisonment or detention. [United States of America (Extradition) Order 1976 (SI 1976/2144), Sch. I, arts III (4), VII(4)]...
Accumulative judgment, Sentence
Accumulative judgment, Sentence. If a person already under sentence for a crime be convicted of another offence, the court is empowered to pass a second sentence, to commence after the expiration of the first....
Being under sentence of life imprisonment
Being under sentence of life imprisonment, means it would be limited to a sentence which has become final, absolute and indivisible so far as judicial process is concerned. In a broad sense, it may also include a sentence which has not become final, but is being impeached or is still liable to be impeached by way of appeal or revision or other mode known to law, Dilip Kumar Sharma v. State of Madhya Pradesh, AIR 1976 SC 133: (1976) 2 SCR 289: (1976) 1 SCC 560. [Penal Code (45 of 1860), s. 303]...
Prisoner under sentence of death
Prisoner under sentence of death, the expression 'prisoner under sentence of death' can only mean the prisoner whose sentence of death has become final and conclusive and indefeasible which cannot be annulled or voided by any judicial or con-stitutional procedure. Sunil Batra v. Delhi Administration, AIR 1978 SC 1675 (1730): (1979) 1 SCR 392: (1978) 4 SCC 494. [Prisons Act, 1894, s. 30 (2)]...
Pass sentence according to law
Pass sentence according to law, the power of the appellate court to pass a sentence must be measured by the power of the court from whose judgment an appeal has been brought before it, Jagat Bahadur v. State of Madhya Pradesh, AIR 1986 SC 945 (947). [Cr PC 1898, s. 423 (1) and 31(1)]...
suspended sentence
suspended sentence see sentence ...
split sentence
split sentence see sentence ...
presumptive sentence
presumptive sentence see sentence ...
- << Prev.
- Next >>