Practice question
Two offenders satisfy every qualifying condition, one on the third conviction and the other on the fourth. A sentencing proposal treats habitual delinquency as an ordinary single-step aggravator with no separately specified additional penalties. What has it overlooked?
- Only a choice of prison uniform
- Article62(5)’s distinct graduated additional-penalty structure
- A rule making all repeated offenses identical
- A rule replacing the latest conviction with an accusation
- A rule forbidding all statutory distinctions
Legal references
- RA7659 Section23, amended Article62(5), habitual-delinquency definition and additional penalties; no historical death penalty applied: https://lawphil.net/statutes/repacts/ra1993/ra_7659_1993.html
- Revised Rules of Criminal Procedure, Rule110 Sections8-9, allegation of aggravating circumstances: https://lawphil.net/courts/rules/rc_110-127_crim.html
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