Criminal Code (Cap. 9), article 490

490. (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 dem anded is that prescribed by la w, shall pronounce sentence; but, in case of opposition, or of a d oubt expressed by the court itself, th e court shall hear the Attorne y General, and, in answer, the accused or his advocate. After the answer, the Attorney General may reply, and after the reply, th e accused or his advocate may put in a rejoinder. 308 CAP . 9.] CRIMINAL CODE Issue to be determined by court. (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 th e punishment applicable to the case, stating the reasons for its decision. Submissions by injured party on sentence. (3) An injured party may, by application, request the Criminal Court to be allowed, personally or through legal counsel, to ma ke submissions on the appropriate sentence to be passed on the accused and if the court allows the application the injured par ty or his legal counsel shall be given the opportunity to make such submissions at the stage referre d to in sub-article (1) and bef ore the court asks the accused if he has to say anything in regard to t he applicability of the punishment d emanded by the Attorney Genera l: Provided that the failure, for any reason, of the injured party to make submissions on se ntence as aforesaid shall not preclude the court from proceeding with any hearing or from pronouncing judgment as provided in article 491. Judgment. Amended by: IX.1857.12. Substituted by: XXV .1967.15.