Tokens: 3
.
In
paragraph
41
of
the
judgment
the
Court
observes
that
the
law
did
not
make
it
possible
for
the
applicant
to
know
which
of
the
two
punishment
brackets
would
apply
to
him
.
It
refers
to
paragraph
31
,
according
to
which
“
[
t]he
Government
highlighted
that
the
Attorney
General
’s
decision
based
on
his
discretion
was
exercised
at
the
pre
-
trial
stage
and
therefore
upon
the
charges
being
issued
the
applicant
became
aware
of
the
punishment
applicable
.
”
The
part
in
italics
may
give
the
impression
that
a
person
only
becomes
aware
of
the
penalty
that
he
may
face
just
before
he
is
arraigned
or
summoned
to
appear
in
court
.
But
this
is
not
so
at
all
.
Just
before
the
trial
begins
the
Attorney
General
signs
an
order
indicating
which
court
–
the
Court
of
Magistrates
or
the
Criminal
Court
–
should
hear
the
case
.
However
,
this
does
not
mean
that
a
person
can
not
foresee
which
court
is
going
to
deal
with
the
charges
laid
against
him
before
the
order
is
issued
.
He
can
do
so
in
four
ways
:
(
a
)
by
considering
the
quantity
of
drugs
in
his
possession
at
the
time
of
his
arrest
,
(
b
)
by
seeking
legal
advice
,
(
c
)
by
considering
the
case
-
law
of
the
Court
of
Magistrates
or
that
of
the
Criminal
Court
,
or
(
d
)
by
using
all
these
three
methods
together
.
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