2017 (Criminal Law) Bar Exam Questions: Question 10

[Answer/discuss the question below, or see 2017 bar exam Criminal Law Instructions; 2017 Criminal Law questions: 123456789, and 11; See also 2017 Bar Exam: Information, Discussions, Tips, Questions and Results]

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Sammy Peke was convicted of a violation of R.A. No. 123456 for selling fake books. The law prescribes the penalty of prision correccional, a divisible penalty whose minimum period is six months and one day to two years and four months; medium period is two years, four months and one day to four years and two months; and maximum period is four years, two months and one day to six years.

At arraignment, Sammy Peke pleads guilty to the crime charged.

(a) Explain how the Indeterminate Sentence Law is applied in
crimes punished by special laws. (3%)

(b) Supposing the trial judge imposes a straight penalty of imprisonment for one year, is the penalty correct in the context of the Indeterminate Sentence Law? Explain your answer. (3%)

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