9Resentencing

9 Resentencing

(1)  On an application under section 8 (1) the Supreme Court must resentence the applicant for the crime for which the applicant was originally sentenced to life imprisonment.

(2)  Notwithstanding subsection (1) , an application under section 8 (1) may be withdrawn or discontinued by leave of the court.

(3)  For the purposes of subsection (1) , the court has the same powers and duties it would have had if the applicant had been convicted by that court of the crime referred to in that subsection after the commencement of this Act.

(4)  [Section 9 Subsection (4) substituted by No. 44 of 2004, s. 26, Applied:16 Nov 2004] In resentencing an existing life prisoner under this Part –

(a) the court is not to take into account the applicant's conduct as a life prisoner under the original sentence; but

(b) the court may take into account the term of any other sentence of imprisonment that the applicant, since becoming a life prisoner, has been subject to.

(5)  [Section 9 Subsection (5) inserted by No. 44 of 2004, s. 26, Applied:16 Nov 2004] If the court exercises its discretion under subsection (4)(b) , it may order that the sentence it imposes under subsection (1) is to commence at a date later than the date on which the original sentence was imposed.

(6)  [Section 9 Subsection (6) inserted by No. 44 of 2004, s. 26, Applied:16 Nov 2004] Subsection (5) applies despite anything to the contrary in the Sentencing Act 1997 .