CHAPTER 34
SENTENCE

Nature of punishments

307. (1) Subject to this Act or any other law, including the common law, the following sentences may be imposed on a person convicted of an offence :

(a) Imprisonment, including -

(i) life imprisonment ; and
(ii) in the circumstances prescribed by section 309(3), life imprisonment with or without the prospect of parole or probation or remission of sentence ;

CHAPTER 34
SENTENCE

Minimum sentences for certain serious offences

309. (2) A sentence of life imprisonment may be imposed by the High Court only and, except where otherwise expressly provided by any other law, only in the case of a conviction for an offence mentioned in, and in the circumstances prescribed by, subsection (3).

(3) Notwithstanding anything to the contrary in any other law contained but subject to subsections (5) and (7), the High Court, including where a matter has been referred under section 133(1) to the High Court for sentence, must in respect of a person who has been convicted of -

(a) treason -
(i) when committed in any of the circumstances contemplated in Part I of Schedule 5, sentence that person to life imprisonment without the prospect of parole or probation or remission of sentence ; or
(ii) when committed in circumstances other than those contemplated in Part I of Schedule 5, sentence that person to life imprisonment with the prospect of parole or probation or remission of sentence after having served a period of imprisonment of not less than 25 years ;

(b) murder -
(i) when committed in any of the circumstances contemplated in Part I of Schedule 5, sentence that person to life imprisonment without the prospect of parole or probation or remission of sentence ; or
(ii) when committed in circumstances other than those contemplated in Part I of Schedule 5, sentence that person to life imprisonment with the prospect of parole or probation or remission of sentence after having served a period of imprisonment of not less than 20 years ;

(c) rape, other than rape under a statute -
(i) when committed in any of the circumstances contemplated in Part I of Schedule 5, sentence that person to life imprisonment without the prospect of parole or probation or remission of sentence ; or
(ii) when committed in circumstances other than those contemplated in Part I of Schedule 5, sentence that person to life imprisonment with the prospect of parole or probation or remission of sentence after having served a period of imprisonment of not less than 15 years.

(d) robbery -
(i) when committed in any of the circumstances contemplated in Part I
of Schedule 5, sentence that person to life imprisonment without the prospect of parole or probation or remission of sentence ; or
(ii) when committed in circumstances other than those contemplated in Part I or II of Schedule 5, sentence that person to life imprisonment with the prospect of parole or probation or remission of sentence after having served a period of imprisonment of not less than 15 years.