CHAPTER 91

PART II
POWER OF COURTS

9. (1) When a person is convicted at one trial of two or more distinct offences, the court may sentence him for such offences to the several punishments prescribed therefor which such court is competent to impose. Subject to the provisions hereafter in this section contained, a court imposing imprisonment on any person for an offence may order that such imprisonment shall commence on the expiration of any other term of imprisonment imposed, by that court or any other court, for any other offence.

(2) Subject to the provisions of subsection (3) of this section, the aggregate of the terms of any consecutive sentences of imprisonment so imposed by a magistrate's court-
(a) when the court is presided over by the Chief Magistrate or a stipendiary and circuit magistrate, exercising the jurisdiction conferred by section 214 of this Code, shall not exceedriiHIfive years; and
(b) in any other case, shall not exceed six months.

(3) The limitations imposed by subsection (2) of this section shall not operate to reduce the aggregate of the terms of imprisonment which a magistrate's court may impose in respect of any offences below the terms which that court has power to impose in respect of any one of these offences.

(4) When a person has been sentenced by a magistrate's court to imprisonment and a fine for the same offence, a period of imprisonment for non-payment of the fine, or for want of sufficient distress to satisfy the fine, shall not be subject to the limitations imposed by subsection (2) of this section, and any such imprisonment for non-payment of a fine may be ordered by the court to commence at the end of any other term of imprisonment.
referred to in Part I of the Third Schedule or any offence referred to in the Fourth

BOOK I
GENERAL PROVISIONS

TITLE viii
LAW AS TO PUNISHMENTS

Miscellaneous

129. Cases where one act constitutes several offences, or where several acts are done in execution of one criminal purpose.

With respect to cases where one act constitutes several offences or where several acts are done in execution of one criminal purpose, the following provisions shall have effect, that is to say —

(1) where a person does several acts against or in respect of one person or thing, each of which acts is an offence, but the whole of which acts are done in execution of the same design, and, in the opinion of the court before which the person is tried, form one continuous transaction, the person may be punished for the whole of such acts as one offence or for any one or several of such acts as one offence, and all or any of the acts proved to have been committed may be taken into consideration in awarding punish¬ment, but he shall not be liable to separate punishments as for several offences;

(2) if a person by one act assaults, harms or kills several persons, or in any manner causes injury to several persons or things, he shall be punish¬able only in respect of one of the persons so assaulted, harmed or killed, or of the persons or things to which injury is so caused, but in awarding punishment the court may take into consideration all the intended or probable consequences of the crime; and

(3) if, when a person is charged with an offence part only of such charge is proved, which part amounts to an offence other than that charged and being, in the opinion of the court, an offence committed in execution of the same design as is specified in the charge, he shall be punishable in respect of the offence which he is proved to have committed, although he was not charged with it, or he may be punishable for an attempt to commit the offence charged, although not charged with the attempt:

Provided that on a count charging murder, if the evidence proves manslaughter, or any crime or offence other than murder, the accused shall (subject to the special provisions contained in Title xx, section 312) not be punishable for any offence other than manslaughter .