Section 401 - Construction of provisions relating to punishments

(1) Subject to the provisions of a law relating to a specific offence or class of offence and to the jurisdiction conferred on any court or on a person presiding over the court, the provisions in this part shall apply to sentences of death, imprisonment, fine, and non-custodial sentences.

(2) In determining a sentence, the court shall have the following objectives in mind, and may decide in each case the objectives that are more appropriate or even possible:

(a) prevention, that is, the objective of persuading the convict to give up committing offence in the future, because the consequences of crime is unpleasant;

(b) restraint, that is, the objective of keeping the convict from committing more offence by isolating him from society;

(c) rehabilitation, that is, the objective of providing the convict with treatment or training that will make him into a reformed citizen;

(d) deterrence, that is, the objective of warning others not to commit offence by making an example of the convict;

(e) education of the public, that is, the objective of making a clear distinction between good and bad conduct by punishing bad conduct;

(f) retribution, that is, the objective of giving the convict the punishment he deserves, and giving the society or the victim revenge; and

(g) restitution, that is, the objective of compensating the victim or family of the victim of the offence.