Lack of premeditation

Hassan and Others v. State and Others (PLD 2013 SC 793)

Mitigating factors that prevent the imposition of the death penalty include: (1) lack of premeditation – which can be evidenced by the incident occurring at the ‘spur of the moment’; (2) failure to inflict repeat injuries where there was opportunity to do so; (3) co-accused received a lesser sentence; and (4) lack of clarity about who inflicted the fatal injuries. Further, a death sentence should be commuted to life where the accused has already served a full life term of imprisonment (25 years), giving rise to the ‘expectancy of life’ doctrine.