CHAPTER TWO
Offences

PART I
OFFENCES AGAINST THE PERSON

Sub-Part A – Homicide

Murder and Manslaughter

Capitalmurder
86.(5) Notwithstanding subsection (4) and subject to subsection (7), a person convicted of capital murder shall be given an opportunity by the Court, to plead in mitigation of sentence and the Court shall in such case take into account the following factors
(a) the gravity and nature of the offence;
(b) the character and record of the offender;
(c) any subjective factors which may have influenced the conduct of the offender;
(d) the design and manner of execution of the offence; and
(e) the possibility of reform and social re-adaptation of the offender.

(6) In addition to the factors specified in subsection (5), the Court may, if it deems it necessary, have recourse to any reports touching on the offender and the offence.

CHAPTER FOUR
Punishment, Pardon, Remission, Rewards and Miscellaneous Matters

PART I
General Provisions

SUB-PART A – PUNISHMENT IN GENERAL

Punishment in cases not Specified

Saving for mitigation and mentally disordered offenders
1100— (1) Nothing in this Code prevents a Court from mitigating an offender’s sentence by taking into account any such matters as, in the opinion of the Court, are relevant in mitigation.

(2) Without prejudice to the generality of subsection (1), nothing in this Code prevents a Court -—
(a) from mitigating any penalty included in an offender’s sentence by taking into account any other penalty included in that sentence; or
(b) in the case of an offender who is convicted of more than one offence, from mitigating the offender’s sentence by applying any rule of law as to the totality of sentences.

(3) Nothing in this Code —
(a) requires a Court to pass a custodial sentence, or any particular custodial sentence, on a mentally disordered offender; or
(b) restricts any power which enables a Court to deal with a men¬tally disordered offender in the manner the Court considers to be most appropriate in all the circumstances.

Article 76
Sentencing
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.

Article 78
Determination of the sentence
1. In determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into account such factors as the gravity of the crime and the individual circumstances of the convicted person.
2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.
3. When a person has been convicted of more than one crime, the Court shall pronounce a sentence for each crime and a joint sentence specifying the total period of imprisonment. This period shall be no less than the highest individual sentence pronounced and shall not exceed 30 years imprisonment or a sentence of life imprisonment in conformity with article 77, paragraph 1 (b).