CHAPTER TWO
Offences
PART I
OFFENCES AGAINST THE PERSON
Sub-Part A – Homicide
Murder and Manslaughter
Capitalmurder
86. (1) Subject to subsection (2), murder committed in any of the following circumstances is capital murder —
(a) the murder of —
(i) a member of the Police Force acting in the execution of his or her duties or a person assisting a member so acting;
(ii) a correctional officer acting in the execution of his or her duties;
(iii) a judicial officer acting in the execution of his or her duties;
(iv) any member of the Police Force, correctional officer or judicial officer for any reason directly attributable to the nature of his or her occupation;
(b) any person for any reason directly attributable to —
(i) the status of that person as a witness or party in a pending or concluded civil cause or matter or in any criminal proceedings; or
(ii) the service or past service of that person as a juror in any criminal trial;
(c) the murder of a justice of the peace acting in execution of his or her judicial functions;
(d) any murder committed by a person in the course or furtherance of —
(i) robbery;
(ii) burglary or housebreaking;
(iii) arson;
(iv) any sexual offence;
(v) any hate crime;
(vi) any drug trafficking offence or other drug related offence;
(e) any murder committed pursuant to an arrangement whereby money or anything of value —
(i) passes or is intended to pass from one person to another or to a third party at the request or direction of that other person; or
(ii) is promised by one person to another or to a third person at the request or direction of that other person;
as consideration for that other person causing or assisting in causing the death of any person or counselling or procuring any person to do any act causing or assisting in causing death of another person;
(f) any murder committed by a person in the course or furtherance of an act of terrorism, that is to say an act involving the use of violence by that person which, by reason of its nature and extent, is calculated to create a state of fear in the public or any sector of the public.
(2) Where in the case of any murder referred to in subsection (1), (other than a murder referred to in paragraph (e)), two or more persons commit that murder, it shall be capital murder in the case of any of them who by his or her own act caused the death of, or inflicted or attempted to inflict grievous bodily harm on, the person murdered, or who himself or herself used violence on that person in the course or furtherance of an attack on that person; but the murder shall not be capital murder in the case of any other of the persons committing it.
(3) Where it is alleged that a person accused of murder is guilty of capital murder, the offence shall be charged as capital murder in the indictment.
(4) A person convicted of capital murder under subsection (1), may on conviction on indictment, be sentenced to death.
(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.
(7) At the hearing for sentencing, the family of the victim shall be given an opportunity to address the Court on any matter connected with the offence.
(8) For purposes of subsection (7), the Court shall in each case, make a determination as to who constitutes the “family of the victim”, taking into account the circumstances of the case.
(9) Notwithstanding subsection (4) and subject Joint commission to subsection (10) a sentence of death shall not be pronounced on or recorded against a person convicted of capital murder if it appears to the Court that at the time the offence was committed he or she was under the age of eighteen years.
(10) The Court shall sentence, a person referred to in subsection (9) to a period of imprisonment for a term deemed appropriate by the Court.
(11) On an indictment charging a person with capital murder, he or she may be found not guilty of capital murder but guilty of non-capital murder if the circumstances of the case justify such conviction.
(12) Capital murder shall be treated as a distinct offence from non-capital murder for the purpose of any appeal against conviction; otherwise capital murder shall not be treated as a distinct offence from non-capital murder for any other purpose.
(13) Where on an appeal against conviction of capital murder the Court substitutes a verdict of guilty of non-capital murder for the verdict of guilty of capital murder, the Court shall nevertheless determine whether the sentence of death is warranted under subsection (4) and shall confirm the sentence if it is found to be so warranted.
National penalties - death sentence
Sentencing - national proceedings
Determination of sentence - national proceedings
National penalties - national proceedings
EDIT.