Section 172D — CRIMINAL PROCEDURE CODE

(a)

make any order under section 426; and

(b)

where the satisfactory disposition is in relation to a plea bargaining of the charge, find the accused guilty on the charge agreed upon in the satisfactory disposition and sentence the accused accordingly; or

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(c)

where the satisfactory disposition is in relation to a plea bargaining of the sentence, find the accused guilty on the charge and—

(i)

deal with the accused under section 293 or 294; or

(ii)

subject to subsections (2) and (3), sentence the accused to not more than half of the maximum punishment of imprisonment provided under the law for the offence for which the accused has been convicted.

(2)

Where there is a minimum term of imprisonment provided under the law for the offence, no accused shall be sentenced to a lesser term of imprisonment than that of the minimum term.

(3)

Subparagraph (1)(c)(ii) shall not apply where—

(a)

in the case of a serious offence, the accused has a previous conviction for a related or same offence; or

(b)

where the offence for which the accused is charged with falls within the following:

(i)

an offence for which the punishment provided under the law is fine only;

(ii)

an offence for which the punishment provided under the law is imprisonment for a term of not less than thirty years but not exceeding forty years;

(iii)

any sexual related offence;

(iv)

any offence committed against a child who is below twelve years of age; or

(v)

any other offence as may be specified by the Public

Prosecutor by order published in the Gazette.

(4)

For the purpose of paragraph (3)(a), “serious offence” means an offence where the maximum term of imprisonment that can be

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imposed is not less than ten years, and includes any attempt or abetment to commit such offence.

Finality of the judgment