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NO. 32 OF 2012
- (ii) if the person is determined to be guilty of murder within the meaning of section 300(b), (c) or (d) of the Penal Code, sentence him to death or imprisonment for life and he shall, if he is not sentenced to death, also be liable to caning.
(3) Where before the appointed day, a person is convicted of and sentenced for murder under section 302 of the Penal Code and the time to lodge a notice of appeal as prescribed in Division 1 of Part XX of the Criminal Procedure Code (Cap. 68) is still current on that day, the following provisions shall apply:
- (a) the person may not lodge an appeal against his conviction until after the High Court has affirmed the sentence of death imposed on him, or re‑sentenced him, in accordance with paragraph (d);
- (b) the person so convicted or the Public Prosecutor may apply to the High Court to hear further arguments or admit further evidence for the purpose only of determining the meaning of murder that the person is guilty of;
- (c) the High Court—
- (i) may, if an application under paragraph (b) is made, hear such further arguments or admit such further evidence, and thereafter restate or clarify the meaning of murder that the person is guilty of; or
- (ii) shall, if no application is made under paragraph (b), at the time of the affirmation of the sentence or the re‑sentencing, restate or clarify the meaning of murder that the person is guilty of;
- (d) the High Court shall—
- (i) if the person is determined to be guilty of murder within the meaning of section 300(a) of the Penal Code, affirm the sentence of death imposed on him; or
- (ii) if the person is determined to be guilty of murder within the meaning of section 300(b), (c) or (d) of the Penal Code, re‑sentence him to death or imprisonment
