Supreme Court
MINUTE
1. Further to my sentencing of Mr Kasten on March 10th and to my signing the sentencing notes I noted two matters which had not been recorded in those notes.
2. The first and most important matter is the advice to Mr Kasten pursuant to section 94 of the Criminal Procedure Code [Cap. 136] that he has a right of appeal in respect of his sentence and that that right of appeal must be exercised within 14 days of the sentence being imposed. I record that I did not give that advice to Mr Kasten and that is a regrettable omission on my part.
3. The second matter relates to the partial suspension of Mr Kasten’s sentence and to section 57 (2) of the Penal Code (Amendment) Act No. 25 of 2006 which requires the Court when ordering the suspension of the execution of a sentence to explain clearly to the person sentenced the nature of the order and must ascertain that he or she has understood its meaning. In this regard I wish to record that prior to the sentencing I discussed with Mr Tagaro who was counsel for Mr Kasten whether or not he had spoken with Mr Kasten regarding as suspended sentence and the effect of a suspended sentence. Mr Tagaro confirmed that he had discussed that matter with Mr Kasten and that Mr Kasten understood the nature and effect of such a sentence.
4. Given the failure on my part to advice Mr Kasten of his right to appeal I direct that apart from distribution of this Minute to counsel for the parties that the Registrar take steps to ensure that Mr Kasten is personally served with a copy of this Minute as a matter of urgency to ensure that he is aware of that right and can take appropriate steps if he wishes to exercise that right.