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NO. 32 OF 2012
- (f) if the Court of Appeal clarifies under paragraph (c)(ii) or (d) that the person is guilty of murder within the meaning of section 300(b), (c) or (d) of the Penal Code, it shall remit the case back to the High Court for the person to be re‑sentenced;
- (g) when the case is remitted back to the High Court under paragraph (f), the High Court shall re‑sentence the person to death or imprisonment for life and the person shall, if he is not re‑sentenced to death, also be liable to be re‑sentenced to caning;
- (h) the provisions of Division 1 of Part XX of the Criminal Procedure Code relating to appeals shall apply to any appeal against the decision of the High Court under paragraph (g) 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 re‑sentencing by the High Court;
- (i) if the High Court 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
- (j) section 313(e) to (p) of the Criminal Procedure Code shall apply in relation to any affirmation of the sentence of death or confirmation of the sentence of death by the Court of Appeal.
(6) If—
- (a) any Judge of the High Court, having heard the trial relating to an offence of murder, is unable for any reason to sentence, affirm the sentence or re‑sentence a person under this section; or
- (b) any Judge of Appeal, having heard an appeal relating to an offence of murder, is unable for any reason to affirm the sentence or remit the case back to the High Court under subsection (5),
any other Judge of the High Court or any other Judge of Appeal, respectively, may do so.
