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bruneilawsby aturio
In force2013 Revised Edition
Contents

Part III · Evidence, Enforcement and Punishment

29. Punishment of offences

(1)

The Second Schedule shall have effect in accordance with subsection (2), with respect to the way in which offences under this Act are punishable on conviction.

Misuse of Drugs

(2)

In relation to an offence under a provision of this Act specified in the first column of the Second Schedule (the general nature of the offence being described in the second column) —

(a)

the third, fourth and fifth columns show respectively the punishments to be imposed on a person convicted of the offence according to whether the controlled drug in relation to which the offence was committed was a Class A drug, a Class B drug or a Class

C drug, except as otherwise provided in paragraph (b); and

(b)

the sixth column shows the punishments to be imposed on a person convicted of the offence where the offence was committed —

(i)

in the case of unauthorised manufacture, in relation to such specified controlled drug as is mentioned in the second column; and

(ii)

in the case of unauthorised traffic or import or export, in relation to a specified quantity of such controlled drug (except opium) containing such quantity of morphine or diamorphine as is mentioned in the second column; and

(c)

the seventh column shows the punishments to be imposed on a person convicted of the offence whether or not the offence was committed in relation to a controlled drug and, if it was so committed, irrespective of whether the drug was a Class A drug, a

Class B drug or a Class C drug, and in the third, fourth, fifth, sixth and seventh columns, a reference to a period gives the maximum or minimum term of imprisonment as is specified, a reference to a sum of money gives the maximum or minimum fine as is specified, and a reference to a number of strokes gives the number of strokes of whipping with which the offender shall, subject to sections 257, 258, 259

and 260 of the Criminal Procedure Code (Chapter 7), be punished.

(3)

Any person convicted of any offence under Part II (except section 6) shall, if the offence is a second or subsequent offence, be liable to twice the punishments provided for that offence:

Misuse of Drugs 30

Provided that no person shall be punished with a sentence of whipping exceeding the number of strokes appropriate to his case under the provisions of section 257(1) or (5) of the Criminal Procedure Code (Chapter 7).

(3A)

If any person convicted of an offence under section 6 is again convicted of a similar offence, he shall be liable —

(a)

in the case of an offence under paragraph (a), to imprisonment for a term of not less than 2 years;

(b)

in the case of an offence under paragraph (b), to imprisonment for a term of not less than 3 years.

(3B)

If any person convicted of an offence under section 6(b) or 28(2)

is subsequently convicted of an offence under section 28(2), he shall be liable to imprisonment for a term of not less than 3 years.

(4)

Where any person is convicted of any offence under Part II, the court shall consider a report of a Government medical officer and if the court is satisfied that it is necessary for such person to undergo treatment or rehabilitation or both at an approved institution, the court shall in addition to any punishment it may lawfully impose make an order requiring that person to be admitted as a resident to an approved institution for the purpose of such treatment or rehabilitation or both.

[S 36/1987; S 12/2010]

Report

Part IV

General

Read on from Part IV

Part I

PART I — (continued)

Part II

PART II — (continued)

Part III

PART III — (continued)

Schedules