shall be guilty of intimidation and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both. 46 Criminal nuisance Any person who does any of the acts specified in the Third Schedule shall be guilty of criminal nuisance and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both. CHAPTER V C RIMES AGAINST THE P ERSON PART I HOMICIDE 47 Murder (1) Any person who causes the death of another person (a) intending to kill the other person; or (b) realising that there is a real risk or possibility that his or her conduct may cause death, and continues to engage in that conduct despite the risk or possibility; shall be guilty of murder. (2) Subject to section 337 of the Criminal Procedure and Evidence Act [Chapter 9:07], a person convicted of murder shall be sentenced to death unless (a) the convicted person is under the age of eighteen years at the time of the commission of the crime; or (b) the court is of the opinion that there are extenuating circumstances; in which event the convicted person shall be liable to imprisonment for life or any shorter period. (3) A person convicted of attempted murder or of incitement or conspiracy to commit murder shall be liable to be sentenced to death or to imprisonment for life or any shorter period. 48 Infanticide (1) Any woman who, within six months of the birth of her child, causes its death (a) intentionally; or (b) by conduct which she realises involves a real risk to the child’s life; at a time when the balance of her mind is disturbed as a result of giving birth to the child, shall be guilty of infanticide and liable to imprisonment for a period not exceeding five years. (2) Where a woman is charged with the murder of her child committed within six mon ths of the child’s birth and it is proved that she caused the child’s death at a time when the balance of her mind was disturbed as a result of giving birth to the child, she shall not be found guilty of murder but may be found guilty of infanticide if the evidence establishes that she committed that crime. (3) For the purposes of this section, in determining whether or not the balance of a woman’s mind was disturbed as a result of giving birth to a child, regard shall be taken to any pressure or stress from which she suffered arising out of any one or more of the following circumstances or considerations (a) the effects which the birth had, or which she believed it would have, on her social, financial or marital situation; (b) the difficulties which were created, or which she believed would be created, in caring for the child in the social, financial or marital situation in which the child was born; (c) the difficulties which she had, or which she believed she would have, in caring for the child due to her inexperience or incapacity; (d) any other relevant circumstance or consideration, whether based on the psychological effects on the woman's mind arising from the birth itself, or otherwise. (4) For the avoidance of doubt it is declared that nothing in this section precludes (a) a woman from being charged with the murder of her child and, subject to subsection (2), from being convicted of and punished for that crime; or (b) a court from returning a special verdict in terms of section 29 of the Mental Health Act [Chapter 15:12] (No. 15 of 1996) in respect of a woman charged with causing the death of her child. 49 Culpable homicide Any person who causes the death of another person (a) negligently failing to realise that death may result from his or her conduct; or (b) realising that death may result from his or her conduct and negligently failing to guard against that possibility; shall be guilty of culpable homicide and liable to imprisonment for life or any shorter period or a fine up to or exceeding level fourteen or both.