Difference between revisions of "Zimbabwe Criminal Code"

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"aircraft" means an aircraft to which this Part applies in terms of section one hundred and forty-six;
 
"aircraft" means an aircraft to which this Part applies in terms of section one hundred and forty-six;
 +
 
"crew", in relation to an aircraft, means any person connected with the operation of the aircraft, and includes flight attendants and air hostesses;
 
"crew", in relation to an aircraft, means any person connected with the operation of the aircraft, and includes flight attendants and air hostesses;
 +
 
"dangerous goods" means?
 
"dangerous goods" means?
−
(a) firearms, ammunition, weapons and explosive substances;  and
+
 
−
(b) substances and things which, by reason of their nature or condition, may endanger the safety of an aircraft or of persons on board an aircraft.
+
(a) firearms, ammunition, weapons and explosive substances;  and
 +
 
 +
(b) substances and things which, by reason of their nature or condition, may endanger the safety of an aircraft or of persons on board an aircraft.
 +
 
 
(2)  For the purposes of this Part?
 
(2)  For the purposes of this Part?
−
(a) the flight of an aircraft shall be deemed to have begun?
+
 
−
(i) when the last external door of the aircraft is closed before the aircraft first moves for the purpose of taking off from any place;  or
+
(a) the flight of an aircraft shall be deemed to have begun?
−
(ii) where subparagraph (i) is not applicable, when the aircraft first moves for the purpose of taking off from any place;
+
 
−
(b) the flight of an aircraft shall be deemed to have ended?
+
(i) when the last external door of the aircraft is closed before the aircraft first moves for the purpose of taking off from any place;  or
−
(i) when the first external door of  the aircraft is opened after the aircraft comes to rest for the first time after the beginning of the flight;  or
+
 
−
(ii) where subparagraph (i) is not applicable, when the aircraft comes to rest for the first time after the beginning of its flight;  or
+
(ii) where subparagraph (i) is not applicable, when the aircraft first moves for the purpose of taking off from any place;
−
(iii) where the aircraft is destroyed or the flight is abandoned before either subparagraph (i) or (ii) becomes applicable, when the aircraft is destroyed or the flight is abandoned, as the case may be.
+
 
−
146 Application of Part VI of Chapter VI
+
(b) the flight of an aircraft shall be deemed to have ended?
 +
 
 +
(i) when the first external door of  the aircraft is opened after the aircraft comes to rest for the first time after the beginning of the flight;  or
 +
 
 +
(ii) where subparagraph (i) is not applicable, when the aircraft comes to rest for the first time after the beginning of its flight;  or
 +
 
 +
(iii) where the aircraft is destroyed or the flight is abandoned before either subparagraph (i) or (ii) becomes applicable, when the aircraft is destroyed or the flight is abandoned, as the case may be.
 +
 
 +
'''146 Application of Part VI of Chapter VI'''
 +
 
 
This Part shall apply to?
 
This Part shall apply to?
−
(a) all aircraft which are?
+
 
−
(i) in or over Zimbabwe;  or
+
(a) all aircraft which are?
−
(ii) outside Zimbabwe and engaged in a flight which began in Zimbabwe or which at its beginning was intended to end in Zimbabwe;  and
+
 
−
(b) all aircraft, wherever situated, which?
+
(i) in or over Zimbabwe;  or
−
(i) are registered or required to be registered in terms of the Civil Aviation Act [Chapter 13:16] or any regulations made thereunder;  or
+
 
−
(ii) belong to or are in the service of the State;  or  
+
(ii) outside Zimbabwe and engaged in a flight which began in Zimbabwe or which at its beginning was intended to end in Zimbabwe;  and
−
(iii) belong to or for the time being are exclusively used by the Defence Forces or the Police Force.
+
 
−
147 Hijacking
+
(b) all aircraft, wherever situated, which?
 +
 
 +
(i) are registered or required to be registered in terms of the Civil Aviation Act [Chapter 13:16] or any regulations made thereunder;  or
 +
 
 +
(ii) belong to or are in the service of the State;  or  
 +
 
 +
(iii) belong to or for the time being are exclusively used by the Defence Forces or the Police Force.
 +
 
 +
'''147 Hijacking'''
 +
 
 
Any person who, without lawful reason, takes or exercises control over an aircraft shall be guilty of hijacking and liable to be sentenced to imprisonment for life or any shorter period.
 
Any person who, without lawful reason, takes or exercises control over an aircraft shall be guilty of hijacking and liable to be sentenced to imprisonment for life or any shorter period.
−
148 Damaging, destroying or prejudicing the safe operation of an aircraft
+
 
 +
'''148 Damaging, destroying or prejudicing the safe operation of an aircraft'''
 +
 
 
Any person who, without lawful reason?
 
Any person who, without lawful reason?
−
(a) intentionally damages or destroys an aircraft;  or
+
 
−
(b) does or omits to do anything with the intention or realising that there is a real risk or possibility of prejudicing the safe operation of an aircraft;
+
(a) intentionally damages or destroys an aircraft;  or
 +
 
 +
(b) does or omits to do anything with the intention or realising that there is a real risk or possibility of prejudicing the safe operation of an aircraft;
 +
 
 
shall be guilty of damaging, destroying or prejudicing the safe operation of an aircraft and liable to imprisonment for a period not exceeding twenty-five years.
 
shall be guilty of damaging, destroying or prejudicing the safe operation of an aircraft and liable to imprisonment for a period not exceeding twenty-five years.
−
149 Assaulting, intimidating or threatening a person on an aircraft
+
 
 +
'''149 Assaulting, intimidating or threatening a person on an aircraft'''
 +
 
 
Any person who, without lawful reason, assaults, intimidates or threatens any person aboard an aircraft with the intention or realising that there is a real risk or possibility of interfering with the performance of the functions of any member of the crew of that aircraft, or with the intention or realising that there is a real risk or possibility of lessening the ability of such member to perform those functions, shall be guilty of assaulting, intimidating or threatening a person on an aircraft, and liable to imprisonment for a period not exceeding five years.
 
Any person who, without lawful reason, assaults, intimidates or threatens any person aboard an aircraft with the intention or realising that there is a real risk or possibility of interfering with the performance of the functions of any member of the crew of that aircraft, or with the intention or realising that there is a real risk or possibility of lessening the ability of such member to perform those functions, shall be guilty of assaulting, intimidating or threatening a person on an aircraft, and liable to imprisonment for a period not exceeding five years.
−
150 Placing or carrying dangerous goods on an aircraft
+
 
 +
'''150 Placing or carrying dangerous goods on an aircraft'''
 +
 
 
(1)  Subject to subsection (2), any person who, without lawful reason?
 
(1)  Subject to subsection (2), any person who, without lawful reason?
−
(a) places or carries any dangerous goods aboard an aircraft;  or
+
 
−
(b) causes any dangerous goods to be placed or carried aboard an aircraft;  or
+
(a) places or carries any dangerous goods aboard an aircraft;  or
−
(c) delivers dangerous goods to a person for the purpose of their being placed aboard an aircraft;  or
+
 
−
(d) has dangerous goods in his or her possession aboard an aircraft;
+
(b) causes any dangerous goods to be placed or carried aboard an aircraft;  or
 +
 
 +
(c) delivers dangerous goods to a person for the purpose of their being placed aboard an aircraft;  or
 +
 
 +
(d) has dangerous goods in his or her possession aboard an aircraft;
 +
 
 
shall be guilty of placing or carrying dangerous goods on an aircraft and liable to imprisonment for a period not exceeding fifteen years.
 
shall be guilty of placing or carrying dangerous goods on an aircraft and liable to imprisonment for a period not exceeding fifteen years.
 +
 
(2)  Subsection (1) shall not apply to the placing, carrying, causing to be placed or carried, delivery or possession of dangerous goods on board an aircraft?
 
(2)  Subsection (1) shall not apply to the placing, carrying, causing to be placed or carried, delivery or possession of dangerous goods on board an aircraft?
−
(a) with the consent of the owner or operator of the aircraft, given with the knowledge of the nature of the goods;  or
+
 
−
(b) in accordance with the Civil Aviation Act [Chapter 13:16] or any regulations made thereunder;  or
+
(a) with the consent of the owner or operator of the aircraft, given with the knowledge of the nature of the goods;  or
−
(c) by a person in the course of his or her lawful duties as an employee of the State.
+
 
−
151 Threatening harm in relation to an aircraft
+
(b) in accordance with the Civil Aviation Act [Chapter 13:16] or any regulations made thereunder;  or
 +
 
 +
(c) by a person in the course of his or her lawful duties as an employee of the State.
 +
 
 +
'''151 Threatening harm in relation to an aircraft'''
 +
 
 
Any person who, without lawful reason?
 
Any person who, without lawful reason?
−
(a) threatens;  or
+
(a) threatens;  or
−
(b) states that it is his or her intention;  or
+
 
−
(c) makes a statement from which it can reasonably be inferred that it is his or her intention;  
+
(b) states that it is his or her intention;  or
 +
 
 +
(c) makes a statement from which it can reasonably be inferred that it is his or her intention;  
 +
 
 
to damage, destroy or prejudice the safe operation of an aircraft or to kill, injure or harm any person aboard an aircraft, shall be guilty of threatening harm in relation to an aircraft, and liable to imprisonment for a period not exceeding five years.
 
to damage, destroy or prejudice the safe operation of an aircraft or to kill, injure or harm any person aboard an aircraft, shall be guilty of threatening harm in relation to an aircraft, and liable to imprisonment for a period not exceeding five years.
−
152 Falsely threatening harm in relation to an aircraft
+
 
 +
'''152 Falsely threatening harm in relation to an aircraft'''
 +
 
 
Any person who, without lawful reason, makes a statement knowing that it is false or realising that there is a real risk or possibility that it may be false to the effect that, or from which it can reasonably be inferred that, there has been or is to be a plan, proposal, attempt, conspiracy or threat?
 
Any person who, without lawful reason, makes a statement knowing that it is false or realising that there is a real risk or possibility that it may be false to the effect that, or from which it can reasonably be inferred that, there has been or is to be a plan, proposal, attempt, conspiracy or threat?
−
(a) unlawfully to take or exercise control over an aircraft;  or
+
 
−
(b) unlawfully to destroy, damage or prejudice the safe operation of an aircraft;  or
+
(a) unlawfully to take or exercise control over an aircraft;  or
−
(c) unlawfully to kill or injure any person aboard an aircraft;
+
 
 +
(b) unlawfully to destroy, damage or prejudice the safe operation of an aircraft;  or
 +
 
 +
(c) unlawfully to kill or injure any person aboard an aircraft;
 +
 
 
shall be guilty of falsely threatening harm in relation to an aircraft and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding five years or both.
 
shall be guilty of falsely threatening harm in relation to an aircraft and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding five years or both.
 
153 Proof of lawful reason for conduct in relation to aircraft
 
153 Proof of lawful reason for conduct in relation to aircraft
 +
 
The burden of proving any fact or circumstance which would constitute a lawful reason for conduct which, in the absence of such reason, would be a crime in terms of this Part, shall rest on the person charged with the crime concerned.
 
The burden of proving any fact or circumstance which would constitute a lawful reason for conduct which, in the absence of such reason, would be a crime in terms of this Part, shall rest on the person charged with the crime concerned.
−
154 Charges alternative to or concurrent with charges under Part VI of Chapter VI
+
 
 +
'''154 Charges alternative to or concurrent with charges under Part VI of Chapter VI'''
 +
 
 
If a person commits any crime specified in this Part?
 
If a person commits any crime specified in this Part?
−
(a) in pursuance of an act of insurgency, banditry, sabotage or terrorism as defined in section nineteen, the person may be charged concurrently or alternatively with insurgency, banditry, sabotage or terrorism;  or
+
 
−
(b) that results in or was intended to cause the death of another person, whether or not in pursuance of an act referred to in paragraph (a), the person may be charged concurrently with murder or attempted murder.
+
(a) in pursuance of an act of insurgency, banditry, sabotage or terrorism as defined in section nineteen, the person may be charged concurrently or alternatively with insurgency, banditry, sabotage or terrorism;  or
−
CHAPTER VII
+
 
−
CRIMES INVOLVING DANGEROUS DRUGS
+
(b) that results in or was intended to cause the death of another person, whether or not in pursuance of an act referred to in paragraph (a), the person may be charged concurrently with murder or attempted murder.
−
155 Interpretation in Chapter VII
+
 
 +
== CHAPTER VII ==
 +
 
 +
===CRIMES INVOLVING DANGEROUS DRUGS===
 +
 
 +
'''155 Interpretation in Chapter VII'''
 +
 
  
 +
 
"Authority" means the Medicines and Allied Substances Control Authority established by section 3 of the Medicines and Allied Substances Control Act [Chapter 15:03] or any body that succeeds to its functions;
 
"Authority" means the Medicines and Allied Substances Control Authority established by section 3 of the Medicines and Allied Substances Control Act [Chapter 15:03] or any body that succeeds to its functions;
 +
 
"cannabis" means the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops) from which the resin has not been extracted, by whatever name they may be designated;
 
"cannabis" means the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops) from which the resin has not been extracted, by whatever name they may be designated;
 +
 
"cannabis plant" means any plant of the genus cannabis also known as "Indian hemp", bhang, camba, dagga, mbanje or intsangu;
 
"cannabis plant" means any plant of the genus cannabis also known as "Indian hemp", bhang, camba, dagga, mbanje or intsangu;
 +
 
"cannabis resin" means the separated resin, whether crude or purified, obtained from the cannabis plant;
 
"cannabis resin" means the separated resin, whether crude or purified, obtained from the cannabis plant;
 +
 
"coca bush" means the plant of any species of the genus erythroxylon;
 
"coca bush" means the plant of any species of the genus erythroxylon;
 +
 
"coca leaf" means the leaf of the coca bush except a leaf from which all ecgonine alkaloids have been removed;
 
"coca leaf" means the leaf of the coca bush except a leaf from which all ecgonine alkaloids have been removed;
 +
  
 +
 
(a) any coca bush, coca leaf, raw opium or cannabis plant;
 
(a) any coca bush, coca leaf, raw opium or cannabis plant;
 +
 
(b) prepared opium, prepared cannabis or cannabis resin;
 
(b) prepared opium, prepared cannabis or cannabis resin;
 +
 
(c) a scheduled drug;
 
(c) a scheduled drug;
 +
 
"deal in", in relation to a dangerous drug, includes to sell or to perform any act, whether as a principal, agent, carrier, messenger or otherwise, in connection with the delivery, collection, importation, exportation, trans-shipment, supply, administration, manufacture, cultivation, procurement or transmission of such drug;
 
"deal in", in relation to a dangerous drug, includes to sell or to perform any act, whether as a principal, agent, carrier, messenger or otherwise, in connection with the delivery, collection, importation, exportation, trans-shipment, supply, administration, manufacture, cultivation, procurement or transmission of such drug;
 +
 
"medicinal opium" means opium which has undergone the processes necessary to adapt it for medicinal use;
 
"medicinal opium" means opium which has undergone the processes necessary to adapt it for medicinal use;
 +
 
"opium" means the coagulated juice of the opium poppy;
 
"opium" means the coagulated juice of the opium poppy;
 +
 
"opium poppy" means the plant of the species Papaver somniferum L;
 
"opium poppy" means the plant of the species Papaver somniferum L;
 +
 
"poppy straw" means all parts (except the seeds) of the opium poppy, after mowing;
 
"poppy straw" means all parts (except the seeds) of the opium poppy, after mowing;
 +
 
"prepared cannabis" means cannabis which has been prepared for smoking and any dross or other residue remaining after cannabis has been smoked;
 
"prepared cannabis" means cannabis which has been prepared for smoking and any dross or other residue remaining after cannabis has been smoked;
 +
 
"prepared opium" means opium prepared for smoking and any dross or other residue remaining after opium has been smoked;
 
"prepared opium" means opium prepared for smoking and any dross or other residue remaining after opium has been smoked;
 +
 
"raw opium" includes powdered or granulated opium, but does not include medicinal opium;
 
"raw opium" includes powdered or granulated opium, but does not include medicinal opium;
 +
 
"scheduled drug" means a drug specified in Part I or Part II of the Schedule to the Dangerous Drugs Act [Chapter 15:02], and the term "Part I scheduled drug" shall be construed accordingly.
 
"scheduled drug" means a drug specified in Part I or Part II of the Schedule to the Dangerous Drugs Act [Chapter 15:02], and the term "Part I scheduled drug" shall be construed accordingly.
−
156 Unlawful dealing in dangerous drugs
+
 
 +
'''156 Unlawful dealing in dangerous drugs'''
 +
 
  
−
(a) imports, exports, sells, offers or advertises for sale, distributes, delivers, transports or otherwise deals in a dangerous drug;  or
+
 
−
(b) cultivates, produces or manufactures a dangerous drug for the purpose of dealing in it;  or
+
(a) imports, exports, sells, offers or advertises for sale, distributes, delivers, transports or otherwise deals in a dangerous drug;  or
−
(c) possesses a dangerous drug, or any article or substance used in connection with the production or manufacture of a dangerous drug, for the purpose of dealing in such drug;  or
+
 
−
(d) incites another person to consume a dangerous drug;  or
+
(b) cultivates, produces or manufactures a dangerous drug for the purpose of dealing in it;  or
−
(e) supplies or administers to or procures for any person, or offers to supply or administer to or procure for any person, a dangerous drug;
+
 
 +
(c) possesses a dangerous drug, or any article or substance used in connection with the production or manufacture of a dangerous drug, for the purpose of dealing in such drug;  or
 +
 
 +
(d) incites another person to consume a dangerous drug;  or
 +
 
 +
(e) supplies or administers to or procures for any person, or offers to supply or administer to or procure for any person, a dangerous drug;
 +
 
  
−
(i) if the crime was committed in any of the aggravating circumstances described in subsection (2) and there are no special circumstances in the particular case as provided in subsection (3), to imprisonment for a period of not less than fifteen years or more than twenty years and a fine not below level fourteen or, in default of payment, imprisonment for an additional period of not less than five years or more than ten years;  or
+
 
−
(ii) in any other case, to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding fifteen years or both.
+
(i) if the crime was committed in any of the aggravating circumstances described in subsection (2) and there are no special circumstances in the particular case as provided in subsection (3), to imprisonment for a period of not less than fifteen years or more than twenty years and a fine not below level fourteen or, in default of payment, imprisonment for an additional period of not less than five years or more than ten years;  or
 +
 
 +
(ii) in any other case, to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding fifteen years or both.
 +
 
  
−
(a) was a member of a group of persons organised within or outside Zimbabwe for the purpose of committing the crime;  or
+
 
−
(b) employed weapons or engaged in violence in the course of committing the crime;  or
+
(a) was a member of a group of persons organised within or outside Zimbabwe for the purpose of committing the crime;  or
−
(c) held a public office which he or she abused to facilitate the commission of the crime;  or
+
 
−
(d) being over the age of eighteen years, incited any minor to consume or deal in a dangerous drug;  or
+
(b) employed weapons or engaged in violence in the course of committing the crime;  or
−
(e) was previously convicted, whether within or outside Zimbabwe, of a crime constituted by any of the acts specified in paragraphs (a) to (e) of subsection (1).
+
 
 +
(c) held a public office which he or she abused to facilitate the commission of the crime;  or
 +
 
 +
(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 Zimbabwe, of a crime constituted by any of the acts specified in paragraphs (a) to (e) of subsection (1).
 +
 
 
(3)  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 subparagraph (i) of subsection (1) should not be imposed, the convicted person shall be liable to the penalty provided under subparagraph (ii) of subsection (1).
 
(3)  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 subparagraph (i) of subsection (1) should not be imposed, the convicted person shall be liable to the penalty provided under subparagraph (ii) of subsection (1).
 +
 
(4)  A court sentencing a person under subparagraph (i) of subsection (1) shall not order that the operation of the whole or any part of the sentence be suspended.
 
(4)  A court sentencing a person under subparagraph (i) of subsection (1) shall not order that the operation of the whole or any part of the sentence be suspended.
−
157 Unlawful possession or use of dangerous drugs
+
 
 +
'''157 Unlawful possession or use of dangerous drugs'''
 +
 
  
−
(a) acquires or possesses a dangerous drug;  or
+
 
−
(b) ingests, smokes or otherwise consumes a dangerous drug;  or
+
(a) acquires or possesses a dangerous drug;  or
−
(c) cultivates, produces or manufactures a dangerous drug for his or her own consumption;
+
 
 +
(b) ingests, smokes or otherwise consumes a dangerous drug;  or
 +
 
 +
(c) cultivates, produces or manufactures a dangerous drug for his or her own consumption;
 +
 
 
shall be guilty of unlawfully possessing or using a dangerous drug and, subject to subsection (2), liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
 
shall be guilty of unlawfully possessing or using a dangerous drug and, subject to subsection (2), liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
 +
 
(2)  Where a court convicts any person of the crime of unlawfully possessing or using a dangerous drug and it is established that the person is an abuser of and addicted to a dangerous drug the court may, additionally or alternatively to any sentence imposable under subsection (1), impose a sentence requiring the person to undergo treatment for such addiction.
 
(2)  Where a court convicts any person of the crime of unlawfully possessing or using a dangerous drug and it is established that the person is an abuser of and addicted to a dangerous drug the court may, additionally or alternatively to any sentence imposable under subsection (1), impose a sentence requiring the person to undergo treatment for such addiction.
−
158 Crimes under sections 156 and 157 committed outside Zimbabwe
+
 
 +
'''158 Crimes under sections 156 and 157 committed outside Zimbabwe'''
 +
 
  
−
(a) constitute the crime of unlawful dealing in dangerous drugs or unlawful possession or use of dangerous drugs;  or
+
 
−
(b) constitute an attempt, conspiracy or incitement to commit a crime referred to in paragraph (a);
+
(a) constitute the crime of unlawful dealing in dangerous drugs or unlawful possession or use of dangerous drugs;  or
−
(c) render him or her liable as an accomplice or accessory to a crime referred to in paragraph (a);
+
 
 +
(b) constitute an attempt, conspiracy or incitement to commit a crime referred to in paragraph (a);
 +
 
 +
(c) render him or her liable as an accomplice or accessory to a crime referred to in paragraph (a);
 +
 
 
shall, if such crime is punishable under a corresponding law in force in that place outside Zimbabwe, be guilty of the appropriate crime referred to in paragraph (a) or (b) or (c) and liable to be sentenced accordingly.
 
shall, if such crime is punishable under a corresponding law in force in that place outside Zimbabwe, be guilty of the appropriate crime referred to in paragraph (a) or (b) or (c) and liable to be sentenced accordingly.
 +
 
(2)  Any person who, in Zimbabwe, conspires with or incites another person to do anything outside Zimbabwe which, if it were done in Zimbabwe, would constitute the crime of unlawful dealing in dangerous drugs or unlawful possession or use of dangerous drugs, shall, if such crime is punishable under a corresponding law in force in that place outside Zimbabwe, be guilty of conspiracy or incitement, as the case may be, to commit the appropriate crime and liable to be sentenced accordingly.
 
(2)  Any person who, in Zimbabwe, conspires with or incites another person to do anything outside Zimbabwe which, if it were done in Zimbabwe, would constitute the crime of unlawful dealing in dangerous drugs or unlawful possession or use of dangerous drugs, shall, if such crime is punishable under a corresponding law in force in that place outside Zimbabwe, be guilty of conspiracy or incitement, as the case may be, to commit the appropriate crime and liable to be sentenced accordingly.
−
159 Permitting premises to be used for the unlawful dealing in or use of dangerous drugs
+
 
 +
'''159 Permitting premises to be used for the unlawful dealing in or use of dangerous drugs'''
 +
 
  
−
(a) being the occupier of any premises, permits those premises to be used for purpose of the unlawful cultivation, manufacture, sale, supply, storage or consumption of a dangerous drug;  or
+
 
−
(b) is concerned in the management of any premises used for any purpose referred to in paragraph (a);
+
(a) being the occupier of any premises, permits those premises to be used for purpose of the unlawful cultivation, manufacture, sale, supply, storage or consumption of a dangerous drug;  or
 +
 
 +
(b) is concerned in the management of any premises used for any purpose referred to in paragraph (a);
 +
 
 
shall be guilty of permitting premises to be used for the unlawful dealing in or use of dangerous drugs and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding ten years or both.
 
shall be guilty of permitting premises to be used for the unlawful dealing in or use of dangerous drugs and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding ten years or both.
−
160 Concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous drugs
+
 
 +
'''160 Concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous drugs'''
 +
 
  
−
(a) converts or transfers such property for the purpose of concealing or disguising the origin of the property;  or
+
 
−
(b) conceals or disguises the true nature, source, location, disposition, movement, rights with respect to, or ownership of such property;  or
+
(a) converts or transfers such property for the purpose of concealing or disguising the origin of the property;  or
−
(c) acquires, possesses or uses such property;
+
 
 +
(b) conceals or disguises the true nature, source, location, disposition, movement, rights with respect to, or ownership of such property;  or
 +
 
 +
(c) acquires, possesses or uses such property;
 +
 
 
shall be guilty of concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous drugs and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both.
 
shall be guilty of concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous drugs and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both.
−
161 Persons who may lawfully possess, deal in or use dangerous drugs
+
 
 +
'''161 Persons who may lawfully possess, deal in or use dangerous drugs'''
 +
 
  
−
(a) a person licensed to do so under the Medicines and Allied Substances Control Act [Chapter 15:03];
+
 
−
(b) any medical practitioner, dental practitioner or veterinary surgeon;
+
(a) a person licensed to do so under the Medicines and Allied Substances Control Act [Chapter 15:03];
−
+
 
−
(i) employed in a hospital, clinic, dispensary or like institution administered by the State or by a local authority, or in any other hospital, clinic, dispensary or like institution approved by the Minister responsible for health;  or
+
(b) any medical practitioner, dental practitioner or veterinary surgeon;
−
(ii) employed in any medical store of the State;
+
 
−
+
 
−
(i) a university, a university college or other educational institution approved by the Minister responsible for health;  or
+
 
−
(ii) any hospital referred to in subparagraph (i) of paragraph (c);
+
(i) employed in a hospital, clinic, dispensary or like institution administered by the State or by a local authority, or in any other hospital, clinic, dispensary or like institution approved by the Minister responsible for health;  or
−
(e) any analyst employed by the State;  or
+
 
−
(f) any inspector appointed in terms of the Medicines and Allied Substances Control Act [Chapter 15:03];  or
+
(ii) employed in any medical store of the State;
−
(g) any other person prescribed by the Minister by notice in a statutory instrument after consultation with the Minister responsible for health;
+
 
 +
 
 +
 
 +
(i) a university, a university college or other educational institution approved by the Minister responsible for health;  or
 +
 
 +
(ii) any hospital referred to in subparagraph (i) of paragraph (c);  
 +
 
 +
(e) any analyst employed by the State;  or
 +
 
 +
(f) any inspector appointed in terms of the Medicines and Allied Substances Control Act [Chapter 15:03];  or
 +
 
 +
(g) any other person prescribed by the Minister by notice in a statutory instrument after consultation with the Minister responsible for health;
 +
 
 
may, in that capacity and so far as is necessary for the practice or exercise of that person's profession, function or employment, lawfully acquire, possess and supply any coca bush, cannabis plant, raw opium or scheduled drug and, in the case of a Part I scheduled drug, prescribe, administer, manufacture or compound such drug.
 
may, in that capacity and so far as is necessary for the practice or exercise of that person's profession, function or employment, lawfully acquire, possess and supply any coca bush, cannabis plant, raw opium or scheduled drug and, in the case of a Part I scheduled drug, prescribe, administer, manufacture or compound such drug.
 +
  
−
(a) in charge of a ward, theatre or out-patients' department in any hospital referred to in subparagraph (i) of paragraph (c) of subsection (1);  or
+
 
−
+
(a) in charge of a ward, theatre or out-patients' department in any hospital referred to in subparagraph (i) of paragraph (c) of subsection (1);  or
−
(i) is employed in a supervisory capacity over two or more wards in any hospital referred to in subparagraph (i) of paragraph (c) of subsection (1);  and
+
 
−
(ii) has been appointed by the medical practitioner in charge of the hospital to be responsible at any time for the distribution of Part I scheduled drugs within the hospital;
+
 
 +
 
 +
(i) is employed in a supervisory capacity over two or more wards in any hospital referred to in subparagraph (i) of paragraph (c) of subsection (1);  and
 +
 
 +
(ii) has been appointed by the medical practitioner in charge of the hospital to be responsible at any time for the distribution of Part I scheduled drugs within the hospital;
 +
 
 
may, in that capacity and so far as is necessary for the practice of that nurse's profession, function or employment, lawfully acquire, administer, possess and supply a Part I scheduled drug.
 
may, in that capacity and so far as is necessary for the practice of that nurse's profession, function or employment, lawfully acquire, administer, possess and supply a Part I scheduled drug.
 +
 
(3)  A person licensed by the Authority may, in accordance with the terms and conditions of the licence, import or export opium poppies, coca bushes, cannabis plants or a Part I scheduled drug.
 
(3)  A person licensed by the Authority may, in accordance with the terms and conditions of the licence, import or export opium poppies, coca bushes, cannabis plants or a Part I scheduled drug.
 +
 
(4)  A person licensed by the Authority may, in accordance with the terms and conditions of the licence, cultivate opium poppies, coca bushes or cannabis plants.
 
(4)  A person licensed by the Authority may, in accordance with the terms and conditions of the licence, cultivate opium poppies, coca bushes or cannabis plants.
 +
 
(5)  A person licensed by the Authority may, in accordance with the terms and conditions of the licence and on premises authorised or licensed by the Authority for the purpose, manufacture a Part I scheduled drug or carry on any process in the manufacture of a Part I scheduled drug.
 
(5)  A person licensed by the Authority may, in accordance with the terms and conditions of the licence and on premises authorised or licensed by the Authority for the purpose, manufacture a Part I scheduled drug or carry on any process in the manufacture of a Part I scheduled drug.
 +
 
(6)  Subject to subsection (7), any person to whom a Part I scheduled drug has been supplied in accordance with a prescription by a medical practitioner, dental practitioner or veterinary surgeon shall be regarded as a person lawfully in possession of that drug.
 
(6)  Subject to subsection (7), any person to whom a Part I scheduled drug has been supplied in accordance with a prescription by a medical practitioner, dental practitioner or veterinary surgeon shall be regarded as a person lawfully in possession of that drug.
 +
 
(7)  A person who is lawfully supplied with a Part I scheduled drug by, or on a prescription given by, a medical practitioner shall not be treated as a person lawfully in possession of that drug if, at the time when he or she is so supplied, he or she is also being supplied with a Part I scheduled drug by or on a prescription given by another medical practitioner, and did not disclose that fact to the first-mentioned medical practitioner.
 
(7)  A person who is lawfully supplied with a Part I scheduled drug by, or on a prescription given by, a medical practitioner shall not be treated as a person lawfully in possession of that drug if, at the time when he or she is so supplied, he or she is also being supplied with a Part I scheduled drug by or on a prescription given by another medical practitioner, and did not disclose that fact to the first-mentioned medical practitioner.
−
CHAPTER VIII
+
 
−
COMPUTER-RELATED CRIMES
+
== CHAPTER VIII ==
−
162 Interpretation in Chapter VIII
+
 
 +
===COMPUTER-RELATED CRIMES===
 +
 
 +
'''162 Interpretation in Chapter VIII'''
 +
 
  
 +
 
"computer" means a device or apparatus or series of devices which, by electronic, electromagnetic, electro-mechanical or other means, is capable of one or more of the following?
 
"computer" means a device or apparatus or series of devices which, by electronic, electromagnetic, electro-mechanical or other means, is capable of one or more of the following?
−
(a) receiving or absorbing data and instructions supplied to it;
+
 
−
(b) processing data according to rules or instructions;
+
(a) receiving or absorbing data and instructions supplied to it;
−
(c) storing and additionally, or alternatively, reproducing data before or after processing the data;
+
 
−
and includes?
+
(b) processing data according to rules or instructions;
−
(i) the devices or apparatus or series of devices commonly known as automatic telling machines, electronic cash registers and point-of-sale tills;  and
+
 
−
(ii) any other device or apparatus used for the electronic processing of monetary transactions;
+
(c) storing and additionally, or alternatively, reproducing data before or after processing the data;  
 +
and includes?
 +
 
 +
(i) the devices or apparatus or series of devices commonly known as automatic telling machines, electronic cash registers and point-of-sale tills;  and
 +
 
 +
(ii) any other device or apparatus used for the electronic processing of monetary transactions;
 +
 
 
"computer virus" means any set of computer instructions that are, or any data, programme or system that is, designed directly or indirectly to?
 
"computer virus" means any set of computer instructions that are, or any data, programme or system that is, designed directly or indirectly to?
−
(a) destroy or alter;  or
+
 
−
(b) render meaningless, useless or ineffective;  or  
+
(a) destroy or alter;  or
−
(c) obstruct, intercept, divert, interrupt or interfere with the use of;
+
 
−
any computer or computer network;
+
(b) render meaningless, useless or ineffective;  or  
 +
 
 +
(c) obstruct, intercept, divert, interrupt or interfere with the use of;
 +
 
 +
any computer or computer network;
 +
 
 
"computer network" means the interconnection of one or more computers through?
 
"computer network" means the interconnection of one or more computers through?
−
(a) the use of satellite, microwave, terrestrial line or other communication media;  or
+
 
−
(b) computer terminals, or a complex consisting of two or more interconnected computers, whether or not the interconnection is continuously maintained;
+
(a) the use of satellite, microwave, terrestrial line or other communication media;  or
 +
 
 +
(b) computer terminals, or a complex consisting of two or more interconnected computers, whether or not the interconnection is continuously maintained;
 +
 
 
"credit or debit card" means a card, disc, plate or token which, directly or indirectly, causes a computer to function;
 
"credit or debit card" means a card, disc, plate or token which, directly or indirectly, causes a computer to function;
 +
 
"data" means representations of information or concepts that are being prepared or have been prepared for storage or use in a computer;
 
"data" means representations of information or concepts that are being prepared or have been prepared for storage or use in a computer;
 +
 
"essential service" and "law enforcement agency" have the meanings given to those terms by section nineteen;
 
"essential service" and "law enforcement agency" have the meanings given to those terms by section nineteen;
 +
 
"function" includes an operation or exercise of logic, control, arithmetic, deletion, storage, retrieval and communication within, to or from a system;
 
"function" includes an operation or exercise of logic, control, arithmetic, deletion, storage, retrieval and communication within, to or from a system;
 +
 
"owner", in relation to a computer or computer network, means the owner or person entitled to possess or control the computer or computer network;
 
"owner", in relation to a computer or computer network, means the owner or person entitled to possess or control the computer or computer network;
 +
 
"password or pin number" means any combination of letters, numbers or symbols that belongs or is assigned to a particular user for the purpose of enabling that user to gain access to a programme or system which is held in a computer or computer network;
 
"password or pin number" means any combination of letters, numbers or symbols that belongs or is assigned to a particular user for the purpose of enabling that user to gain access to a programme or system which is held in a computer or computer network;
 +
 
"programme" means data or a set of instructions which, when executed in a computer, causes the computer to perform a function;
 
"programme" means data or a set of instructions which, when executed in a computer, causes the computer to perform a function;
 +
 
"system" means an arrangement of data or one or more programmes which, when executed, performs a function.
 
"system" means an arrangement of data or one or more programmes which, when executed, performs a function.
 +
 
(2)  For the purposes of this Chapter the Minister may, by notice in a statutory instrument?
 
(2)  For the purposes of this Chapter the Minister may, by notice in a statutory instrument?
 
(a) specify as a computer any particular device or apparatus that is or may be comprised within the definition of "computer" in subsection (1);  or
 
(a) specify as a computer any particular device or apparatus that is or may be comprised within the definition of "computer" in subsection (1);  or

Revision as of 11:45, 3 May 2010

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