CAP. 75 Criminal Procedure Code [Rev. 2012] 329. Evidence for arriving at a proper sentence The court may, before passing sentence, receive such evidence as it thinks fit in order to inform itself as to the proper sentence to be passed. PART IXA – VICTIM IMPACT STATEMENTS 329A. Interpretation In this Part— “family victim”, in relation to an offence as a direct result of which a primary victim has died, means a person who was, at the time the offence was committed, a member of the primary victim’s immediate family, and includes such a person whether or not the person has suffered personal harm as a result of the offence; “member of the primary victim’s immediate family” means— (a) the victim’s spouse; (b) the victim’s de facto spouse, being a person who has cohabited with the victim for at least 2 years; (c) a parent, guardian or step-parent of the victim; (d) a child or step-child of the victim or some other child for whom the victim is the guardian; or (e) a brother, sister, step-brother or step-sister of the victim; “personal harm” means actual physical bodily harm, mental illness or nervous shock; “primary victim”, in relation to an offence, means— (a) a person against whom the offence was committed; (b) a person who was a witness to the act of actual or threatened violence, the death or the infliction of the physical bodily harm concerned, being a person who has suffered personal harm as a direct result of the offence; “victim” means a primary victim or a family victim; “victim impact statement” means a statement containing particulars of— (a) in the case of a primary victim, any personal harm suffered by the victim as a direct result of the offence; or (b) in the case of a family victim, the impact of the primary victim’s death on the members of the primary victim’s immediate family. [Act No. 5 of 2003, s. 88.] 329B. Application of Part This Part applies in relation to an offence that is being dealt with by any court, where the offence results in the death of, or actual physical bodily harm to, any person. [Act No. 5 of 2003, s. 88.] [Issue 1] C44 - 88