Page:Penal Code (Amendment) Act 2012.pdf/6

6 :(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 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