Clause 4

Where a person having been convicted on at least two previous occasions of an offence under section 43(3A), 47(5), 47C(5), 64(1), 66(1) or 67(1) is convicted of the same offence (such person shall be referred to in this section as a repeat offender), 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 such offence that a punishment in excess of that prescribed for such a conviction should be awarded, then the court may punish such repeat offender with punishment not exceeding 3 times the amount of punishment to which he would otherwise have been liable for such a conviction provided that where imprisonment is imposed it shall not exceed 10 years; and

notwithstanding section 11 of the Criminal Procedure Code, if such repeat offender while committing the offence under section 43(3A), 47 (5), 47C(5), 64(1), 66(1) or 67(1) causes any serious injury or death to another person, the court may also punish him, subject to section 231 of the Criminal Procedure Code (Cap. 68), with caning with not more than 6 strokes.(2) In subsection (1), “serious injury” has the same meaning as in section 47D.(3) A Magistrate’s Court or a District Court may, notwithstanding anything contained in the Criminal Procedure Code, award the full punishment prescribed by this section.”.