Page:Penal Code (Amendment) Act 2012.pdf/5

Rh :: for life and he shall, if he is not re‑sentenced to death, also be liable to be re‑sentenced to caning;
 * (e) the decision of the High Court in re‑sentencing the person shall be deemed to be made in its original jurisdiction and an appeal may lie from such decision;
 * (f) the provisions of Division 1 of Part XX of the Criminal Procedure Code relating to appeals shall apply to any appeal against the judgment, sentence or order of the High Court for the offence of murder with the modification that any appeal must be lodged by the appellant with the Registrar of the Supreme Court within 14 days after the date of the affirmation of the sentence or the re‑sentencing by the High Court;
 * (g) if the High Court affirms the sentence of death imposed on the person or re‑sentences the person to death, the execution of the sentence of death must not be carried out until after the sentence is confirmed by the Court of Appeal pursuant to an appeal by the person or a petition for confirmation lodged by the Public Prosecutor; and
 * (h) section 313 of the Criminal Procedure Code shall apply in relation to any affirmation of the sentence of death or re‑sentencing of a person to death as if the affirmation or re‑sentencing were a sentence pronounced by the trial Judge.

(4) Where on the appointed day, a person has been convicted of and sentenced for murder under section 302 of the Penal Code and the appeal which has been lodged in relation to that conviction is not yet heard, or has been heard but is not yet determined, the following provisions shall apply:
 * (a) the appeal by the person against his conviction shall be deemed to be withdrawn;
 * (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;