Section 222A: Penalty for murder or attempt at murder in aggravating circumstances
This section is inserted by The Criminal Code (Amendment) Act 2026, section 3.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
222A. Penalty for murder or attempt at murder in aggravating circumstances
(1) Any person who is convicted of murder or attempt at murder shall, where the Court
is satisfied that aggravating circumstances exist which would justify the imposition of a
greater sentence and has entered those circumstances on the record of the
proceedings, be sentenced to penal servitude for life which shall not be less than 15
years.
(2) In subsection (1) –
“act of domestic abuse” has the same meaning as in the Domestic Abuse Act 2026;
“aggravating circumstances” includes, but is not limited to, circumstances where
–
(a) the offender was civilly or religiously married to the victim;
(b) the offender was living with the victim as a couple in a marriage-like or
partnership-like relationship;
(c) the offender had agreed to marry the victim;
(d) the offender was in an intimate personal relationship with the victim;
(e) the offender has, or has had, a child with the victim;
(f) the offender was residing with the victim in the same household, irrespective
of whether or not they were related by blood, marriage or adoption;
(g) the victim was subject to acts of domestic abuse by the offender;
(h) the victim was vulnerable due to advanced age, illness, pregnancy, physical
disability, mental disability or for any other reason;
(i) the offender was a legitimate, a natural or an adoptive ascendant of the
victim or was a person in a position of trust, power or authority over the
victim;
(j) medications, drugs, alcohol, intoxicating drinks or weapons, or threatened
use of weapons, were used in the commission of the offence;
(k) the victim was a child;
(l) the offender was the parent of the victim;
(m) the offender was the unmarried partner of the victim’s father or mother;
(n) the offence was committed by 2 or more persons or by a person acting with
an accomplice;
(o) the offender was under the influence of drugs, alcohol or intoxicating drinks;
or
(p) the victim was ill-treated before or during the offence.
Ask juris about this section Official source
Questions this section answers
- What is the minimum sentence for murder if the court finds aggravating circumstances such as a domestic relationship with the victim?
- Does killing a spouse, partner or family member count as an aggravating circumstance for a murder sentence?
- Is a murder treated as aggravated if the victim was a child or was vulnerable due to age, illness or disability?