Murder

(1) Subject to sub-section (2), a person who commits murder shall be liable, having regard to the circumstances of the case, to– (a) suffer death; or (b) imprisonment for life. (2) A person who commits murder who was, at the time of the commission of the offence, under the age of eighteen years, shall be sentenced to detention at the court’s pleasure. (3) Where a court sentences a person to imprisonment for life in accordance with sub-section (1), the court shall specify a minimum term, which the offender shall serve before he can become eligible to be released on parole in accordance with the statutory provisions for parole. (4) In determining the appropriate minimum term under sub- section (3), the court shall have regard to– (a) the circumstances of the offender and the (b) any aggravating or mitigating factors of the case; 85 (c) any period that the offender has spent on remand awaiting trial; (d) any relevant sentencing guidelines issued by the Chief Justice; and (e) any other factor that the court considers to be relevant. (5) Where an offender or the Crown is aggrieved by the decision of the court in specifying a minimum term under sub- section (3), the offender or the Crown, as the case may be, has a right of appeal against the decision. (6) Where a person has been sentenced to detention at the court’s pleasure in accordance with sub-section (2), the court, after having passed the sentence, shall specify a period, at the expiration of which, the offender shall be eligible to be taken before the court for a review of his detention. (7) Where an offender has served the period specified under sub-section (6), and is taken before the court for a review of his detention, the court may– (a) order the release of the offender on the terms and conditions set out in the order, or (b) specify another period, not exceeding five years, at the expiration of which the offender is eligible to be returned before the court for the further review of his detention. (8) In determining whether to order the release of the offender upon the initial review of his detention, or upon any subsequent review of his detention, the court shall take into (a) the comments of the prison authorities as to the rehabilitation of the offender; 86 (b) the report of a psychiatrist, not employed at the prison, who has evaluated the offender; (c) any submissions made by the Crown on the issue, and (d) the evidence of any other person that it considers relevant. (9) Nothing in this section shall prevent an offender, detained at the court’s pleasure, from applying to the court, if there are special reasons for doing so, for a review of his sentence, at a time prior to the time of eligibility for review specified by the (10) An application under sub-section (9) must be supported by an affidavit, and the court hearing the application may– (a) dismiss the application; or (b) if the Court finds that there are special reasons for doing so, review the detention in accordance with sub-sections (7) and (8).