Act 9 Penal Code Act 2008 (2) Whoever commits the offence of unlawful dealing in a dangerous drug, upon conviction, shall be sentenced as follows— (a) if the offence was committed in any of the aggravating circumstances described in subsection (3), below, and there are no special circumstances in a particular case as provided for in subsection (4), below shall upon conviction be sentenced to death or life imprisonment; and (b) in any other case, to imprisonment for a period not exceeding fourteen years or with a fine or with both. (3) For the purpose of subsection (1), above, the offence of unlawful dealing in a dangerous drug is committed in aggravating circumstances if the dangerous drug in question was a dangerous drug other than cannabis and the convicted person— (a) was a member of a group of persons organised within or outside Southern Sudan for the purpose of committing the offence; (b) employed weapons or engaged in violence in the course of committing the offence; (c) held a public office which he or she abused to facilitate the commission of the offence; (d) being over the age of eighteen years, incited any minor to consume or deal in a dangerous drug; or (e) was previously convicted, whether within or outside Southern Sudan, of a offence constituted by any of the acts specified in subsection (1)(a) and (e), above. (4) If a person convicted of unlawful dealing in a dangerous drug in aggravating circumstances satisfies the Court that there are special circumstances in the particular case, which circumstances shall be recorded by the Court, why the penalty provided under subsection (2)(a) should not be imposed, the convicted person shall be liable to the penalty provided under subsection (2)(b). 191