When does the Court impose the sentence?
- After you have pleaded guilty and the Judge has considered considering your mitigation plea as well as any arguments made by the Prosecution regarding their views on what the sentence should be, he will decide on an appropriate sentence and impose the sentence against you.
- Once a decision on the conviction and sentence has been made by the Judge, either party may generally make an appeal to the High Court in the following situations:
- If you were sentenced after having pleaded guilty and are not satisfied with the Judge’s decision, you may make an appeal to the High Court against the sentence imposed:
- You may make an appeal against sentence if you feel that it was manifestly excessive or not supported by the facts or the law
- The Prosecution may also make an appeal against sentence if it feels that it was manifestly inadequate or not supported by the facts or the law
- You will need to file the formal application for an appeal within 14 days from the date of conviction or sentence.
- Once an appeal has been filed, a separate Court hearing will be conducted for the Court to consider whether or not the reasons in support of the appeal are of merit and deserving of the appeal being granted.