Cap. 9 Art. 490Question by court to accused as to applicability of punishment.

(1) The fact of the guilt of the accused having been established, the court shall ask him if he has to say anything in regard to the applicability of the punishment demanded by the

Attorney General. If no opposition is made, the court, if it is satisfied that the punishment demanded is that prescribed by law, shall pronounce sentence; but, in case of opposition, or of a doubt expressed by the court itself, the court shall hear the Attorney

General, and, in answer, the accused or his advocate. After the answer, the Attorney General may reply, and after the reply, the accused or his advocate may put in a rejoinder.

(2) After the submissions of the Attorney General and of the accused or his advocate, the court shall decide whether the punishment demanded is that which ought to be applied according to law and, if it decides that it is not, it shall determine the punishment applicable to the case, stating the reasons for its decision.

(3) An injured party may, by application, request the Criminal

Court to be allowed, personally or through legal counsel, to make submissions on the appropriate sentence to be passed on the accused and if the court allows the application the injured party or his legal counsel shall be given the opportunity to make such submissions at the stage referred to in sub-article (1) and before the court asks the accused if he has to say anything in regard to the applicability of the punishment demanded by the Attorney General: Provided that the failure, for any reason, of the injured party to make submissions on sentence as aforesaid shall not preclude the court from proceeding with any hearing or from pronouncing judgment as provided in article 491.