§ 301 — Judgment not to be altered

301.—(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.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 1871. Insofar 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 1871 after the coming into force of the Penal Code (Amendment) Act 2007. The Magistrate’s Court, however, imposed a sentence on A based on the penalty provision in the Penal Code 1871 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. Insofar 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 1871. Insofar 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) To avoid doubt, any error resulting from a sentence imposed by a court which it subsequently views as being too harsh or too lenient is not an error within the meaning in subsection (1).

—(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.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 1871. Insofar 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 1871 after the coming into force of the Penal Code (Amendment) Act 2007. The Magistrate’s Court, however, imposed a sentence on A based on the penalty provision in the Penal Code 1871 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. Insofar 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 1871. Insofar 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) To avoid doubt, any error resulting from a sentence imposed by a court which it subsequently views as being too harsh or too lenient is not an error within the meaning in subsection (1).