Clause 10

by deleting the marginal note and substituting the following marginal note:“Enhanced penalties for offenders with previous convictions under certain sections.”; and

by deleting subsection (1) and substituting the following subsections:“(1) Where a person having been convicted on at least 2 previous occasions of any one or more of the offences under sections 43(3A), 47(5), 47C(5), 63(4), 64(1), 66(1), 67(1) and 70(4) is again convicted of an offence under section 43(3A), 47(5), 47C(5), 63(4), 64(1), 66(1), 67(1) or 70(4), the court shall have the power to impose a punishment in excess of that prescribed for such conviction as follows:

where the court is satisfied, by reason of his previous convictions or his antecedents, that it is expedient for the protection of the public or with the view to the prevention of further commission of any such offence that a punishment in excess of that prescribed for such a conviction should be awarded, then the court may punish such offender with punishment not exceeding 3 times the amount of punishment to which he would otherwise have been liable for such a conviction except that where imprisonment is imposed it shall not exceed 10 years; and

notwithstanding section 11 of the Criminal Procedure Code [Cap. 68], if —

such offender, while committing the offence under section 43(3A), 47(5), 47C(5), 63(4), 64(1), 66(1) or 67(1) causes any serious injury or death to another person; or

in the case of an offender under section 70(4), such offender had, in driving or attempting to drive a motor vehicle at the time of any accident leading to his arrest under section 69(5), caused any serious injury or death to another person,the court may also punish him, subject to section 231 of the Criminal Procedure Code, with caning with not more than 6 strokes.(1A) This section shall not apply to a person who has been convicted of an offence under section 63(4) unless the court is satisfied that in committing such offence and the offence in respect of which he had been previously convicted, he had driven a motor vehicle on a road at a speed which exceeded by 40 kilometres per hour the speed limit imposed by or in exercise of powers conferred by this Act.”.