The court held that, following the Supreme Court's decision in Muruatetu, the petitioner was entitled to resentencing as the mandatory death penalty for murder was unconstitutional and mitigation must be considered. The court weighed the aggravating circumstances—namely, the petitioner killed his own brother in a cruel and vicious attack—against the mitigating factors, including the petitioner's advanced age (79), poor health, demonstrated remorse, rehabilitation during 14 years of incarceration, and the significant hardship to his extended family. The court found that, while the offence was grave and warranted substantial punishment, the circumstances justified a reduction from the original sentence. Accordingly, the petitioner was resentenced to 20 years' imprisonment from the date of arrest, reflecting both the seriousness of the crime and the mitigating factors presented.