Page:Penal Code (Amendment) Act 2012.pdf/3

Rh :: punished with imprisonment for a term which may extend to 10 years, or with fine, or with caning, or with any combination of such punishments.”.

Savings and transitional provisions

4.—(1) Where on or after the appointed day, a person is convicted of murder under section 302 of the Penal Code committed before that day, the person shall—
 * (a) if the person is guilty of murder within the meaning of section 300(a) of the Penal Code, be punished with death; or
 * (b) if the person is guilty of murder within the meaning of section 300(b), (c) or (d) of the Penal Code, be punished with death or imprisonment for life and shall, if he is not punished with death, also be liable to caning.

(2) Where before the appointed day, a person is convicted of murder under section 302 of the Penal Code but is to be sentenced on or after that day, the following provisions shall apply:
 * (a) 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;
 * (b) the High Court—
 * (i) may, if an application under paragraph (a) 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 (a), at the time of sentencing, restate or clarify the meaning of murder that the person is guilty of; and
 * (c) 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, sentence him to death; or