ABSTRACT
A defendant may only be sentenced if he has been found guilty of an offence by the magistrate or the jury as the case may be, or he has pleaded guilty to the offence. He may then be sentenced in accordance with whatever sentence the law provides for the particular offence. In general, the maximum penalty for an offence is stipulated by the particular statute creating that offence.1 In addition, an offender is subject to the range of sentences, created by specific legislation, that may apply to all offences, such as probation or community service. As well as summary2 or indictable procedure, legislation may provide for sentences peculiar to that level of trial.
