Section 416: Court to determine term of imprisonment

(1) On conviction, a court may sentence the convict to a term of imprisonment as prescribed by the law.
(2) In exercising its discretion of sentencing or review of sentence, the court shall take into consideration the following factors; in addition to the provisions of section 401 of this Act:
(a) each case shall be treated on its own merit;
(b) the objectives of sentencing, including the principles of reformation, shall be borne in mind in sentencing a convict;
(c) an appeal court may in a proper case reduce the sentence imposed by the trial court, especially where it is excessive or based on wrong principles; or an appeal court may increase the sentence imposed by the trial court especially where it is inadequate;
(d) a trial court shall not pass the maximum sentence on a first offender;
(e) the period spent in prison custody awaiting or undergoing trial shall be considered and computed in sentencing a convict;
(f) trial court shall conduct an inquiry into the convict's antecedents before sentencing;
(g) it may be desirable to adjourn for sentencing in order to have time to consider any evidence adduced at the sentencing hearing in accordance with section 311 of this Act;
(h) where there is doubt as to whether the defendant or convict has attained the age of eighteen, the court should resolve the doubt in his favour;
(i) a defendant may not be given consecutive sentences for two or more offences committed in the same transaction;
(j) an appeal court may not increase the sentence of a lower court beyond the maximum number of years the lower court has power to impose; and
(k) sentencing to a term of imprisonment shall apply only to those offenders who should be isolated from society and with whom other forms of punishment have failed or is likely to fail.