Queen vs Krisnen – clr volume 2 page 107
In Queen v. Krisnen, the court examined whether a conviction for voluntarily causing grievous hurt, under section 316 of the Penal Code, rendered the offence eligible for release on probation under Ordinance No. 6 of 1891. It was determined that such eligibility is restricted to offences for which no more than three years’ imprisonment may be imposed before any court, and not based on the maximum penalty otherwise provided by law. This interpretation reaffirmed the legal requirement that the statutory limit governs the scope of probation, relying on the wording and intent of the Ordinance. The decision clarified that probation is available only when the legislative threshold regarding maximum punishment is met, with sentencing remitted accordingly for offences ineligible for probation.
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