Life Imprisonment for Non-Capital Murder
3A. (1) On an indictment charging a person with murder falling within section 2(1), he may be found not guilty of such murder but guilty of murder falling within section 2(2).
(2) For the purpose of any appeal against conviction, murder falling within section 2(1) shall be treated as a distinct offence from murder falling within section 2(2).
(3) Where on an appeal against a conviction of murder-
(b) for which the appellant has been sentenced to death,
the Court substitutes a verdict of guilty of murder falling within section 2(2), the Court shall nevertheless determine whether a sentence of death is the appropriate sentence by virtue of section 3(l A) and shall confirm that sentence if it is so found to be appropriate.
(4) Subject to the foregoing provisions of this section, murder falling within section 2(1) shall not be treated, for any purpose, as a different offence from murder falling within section 2(2).
3B. (This section repealed by Act 1 of 2005).
(2) For the purpose of any appeal against conviction, murder falling within section 2(1) shall be treated as a distinct offence from murder falling within section 2(2).
(3) Where on an appeal against a conviction of murder-
(b) for which the appellant has been sentenced to death,
the Court substitutes a verdict of guilty of murder falling within section 2(2), the Court shall nevertheless determine whether a sentence of death is the appropriate sentence by virtue of section 3(l A) and shall confirm that sentence if it is so found to be appropriate.
(4) Subject to the foregoing provisions of this section, murder falling within section 2(1) shall not be treated, for any purpose, as a different offence from murder falling within section 2(2).
3B. (This section repealed by Act 1 of 2005).
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