18
NO. 26 OF 2015
- cause the different effect—the punishment provided for the other offence with the different effect, but as modified by subsection (5).
(4) For the purposes of subsection (3)(a), the modifications are as follows:
- (a) where the punishment, or one of the punishments, prescribed for the offence instructed is a fine, the maximum amount of fine is twice the maximum amount of fine prescribed for the offence instructed;
- (b) where the punishment, or one of the punishments, prescribed for the offence instructed is a term of imprisonment (other than life imprisonment), the maximum imprisonment term is half of the maximum imprisonment term prescribed for the offence instructed;
- (c) where the punishment, or one of the punishments, prescribed for the offence instructed is death or life imprisonment, that punishment is replaced with an imprisonment term which must not exceed 10 years;
- (d) where—
- (i) the punishment, or one of the punishments, prescribed for the offence instructed is death or life imprisonment; and
- (ii) hurt is caused to any person as a result of an act for which the instructor is liable in consequence of the instruction,
that punishment is replaced with an imprisonment for a term which must not exceed 20 years.
(5) For the purposes of subsection (3)(b) to (f), the modifications are as follows:
- (a) where the punishment, or one of the punishments, prescribed for the predicate offence is a fine, the maximum amount of fine is 4 times the maximum amount of fine prescribed for such offence;