Act 9
Penal Code Act
2008
(2) Whoever commits the offence of unlawful dealing in a
dangerous drug, upon conviction, shall be sentenced as
follows—
(a) if the offence was committed in any of the aggravating
circumstances described in subsection (3), below, and
there are no special circumstances in a particular case as
provided for in subsection (4), below shall upon conviction
be sentenced to death or life imprisonment; and
(b) in any other case, to imprisonment for a period not
exceeding fourteen years or with a fine or with both.
(3) For the purpose of subsection (1), above, the offence of
unlawful dealing in a dangerous drug is committed in
aggravating circumstances if the dangerous drug in
question was a dangerous drug other than cannabis and the
convicted person—
(a) was a member of a group of persons organised within
or outside Southern Sudan for the purpose of
committing the offence;
(b) employed weapons or engaged in violence in the
course of committing the offence;
(c) held a public office which he or she abused to
facilitate the commission of the offence;
(d) being over the age of eighteen years, incited any minor
to consume or deal in a dangerous drug; or
(e) was previously convicted, whether within or outside
Southern Sudan, of a offence constituted by any of the
acts specified in subsection (1)(a) and (e), above.
(4) If a person convicted of unlawful dealing in a dangerous
drug in aggravating circumstances satisfies the Court that
there are special circumstances in the particular case, which
circumstances shall be recorded by the Court, why the
penalty provided under subsection (2)(a) should not be
imposed, the convicted person shall be liable to the penalty
provided under subsection (2)(b).
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