Difference between revisions of "Zimbabwe Criminal Code"
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(1) Any? | (1) Any? | ||
| − | + | ||
| − | + | (a) agent who obtains or agrees to obtain or solicits or agrees to accept for himself or herself or any other person any gift or consideration as an inducement or reward? | |
| − | + | ||
| − | + | (i) for doing or omitting to do, or having done or omitted to do, any act in relation to his or her principal's affairs or business; or | |
| − | + | ||
| − | + | (ii) for showing or not showing, or having shown or not shown, any favour or disfavour to any person or thing in relation to his or her principal's affairs or business; | |
| − | + | ||
| − | + | knowing or realising that there is a real risk or possibility that such gift or consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and his or her principal; | |
| − | + | ||
| + | or | ||
| + | |||
| + | (b) person who, for himself or herself or any other person, gives or agrees to give or offers to an agent any gift or consideration as an inducement or reward? | ||
| + | |||
| + | (i) for doing or omitting to do, or having done or omitted to do, any act in relation to his or her principal's affairs or business; or | ||
| + | |||
| + | (ii) for showing or not showing, or having shown or not shown, any favour or disfavour to any person or thing in relation to his or her principal's affairs or business; | ||
| + | |||
| + | knowing or realising that there is a real risk or possibility that such gift or consideration is not due to the agent in terms of any agreement or arrangement between the agent and his or her principal; | ||
| + | |||
shall be guilty of bribery and liable to? | shall be guilty of bribery and liable to? | ||
| − | + | ||
| − | + | A. a fine not exceeding level fourteen or not exceeding three times the value of any consideration obtained or given in the course of the crime, whichever is the greater; or | |
| + | |||
| + | B. imprisonment for a period not exceeding twenty years; | ||
| + | |||
or both. | or both. | ||
| + | |||
(2) If it is proved, in any prosecution for bribery, that? | (2) If it is proved, in any prosecution for bribery, that? | ||
| − | + | ||
| − | + | (a) an agent has obtained, agreed to obtain or solicited any benefit or advantage, whether for himself or herself or for another person; or | |
| − | + | ||
| − | + | (b) any person has given, agreed to give or offered any benefit or advantage? | |
| + | |||
| + | (i) to an agent, whether for himself or herself or for another person; or | ||
| + | |||
| + | (ii) to any other person, after agreeing with an agent to do so; | ||
| + | |||
it shall be presumed, unless the contrary is proved, that he or she did so in contravention of this section. | it shall be presumed, unless the contrary is proved, that he or she did so in contravention of this section. | ||
| − | 171 Corruptly using a false document | + | |
| + | '''171 Corruptly using a false document''' | ||
| + | |||
(1) Any? | (1) Any? | ||
| − | + | ||
| − | + | (a) agent who, in connection with his or her principal's affairs or business, uses a document which contains a false statement? | |
| − | + | ||
| − | + | (i) knowing that the document contains a false statement or realising that there is a real risk or possibility that it may do so; and | |
| − | + | ||
| − | + | (ii) intending by the use of the document to deceive his or her principal, or realising that there is a real risk or possibility that his or her use of the document may deceive his or her principal; | |
| − | + | ||
| − | shall be guilty of corruptly using a false document and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both. | + | or |
| − | (2) For the purposes of paragraph (b) of subsection (1), where a person gives an agent a false document, intending to deceive the agent or the agent's principal in the conduct of his or her principal's affairs or business or realising that there is a real risk or possibility that the agent or the agent's principal may be so deceived, the person shall be presumed, unless the contrary is proved, to intend to deceive the agent's principal as well as the agent, or to realise that there is a real risk or possibility that the agent's principal as well as the agent may be deceived, as the case may be. | + | |
| − | 172 Corruptly concealing a transaction from a principal | + | (b) person who gives an agent a document which contains a false statement? |
| + | |||
| + | (i) knowing that the document contains a false statement or realising that there is a real risk or possibility that it may do so; and | ||
| + | |||
| + | (ii) intending to deceive the agent or the agent's principal or realising that there is a real risk or possibility that by his or her use of the document the agent or the agent's principal may be deceived; | ||
| + | |||
| + | shall be guilty of corruptly using a false document and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both. | ||
| + | |||
| + | (2) For the purposes of paragraph (b) of subsection (1), where a person gives an agent a false document, intending to deceive the agent or the agent's principal in the conduct of his or her principal's affairs or business or realising that there is a real risk or possibility that the agent or the agent's principal may be so deceived, the person shall be presumed, unless the contrary is proved, to intend to deceive the agent's principal as well as the agent, or to realise that there is a real risk or possibility that the agent's principal as well as the agent may be deceived, as the case may be. | ||
| + | |||
| + | '''172 Corruptly concealing a transaction from a principal''' | ||
| + | |||
(1) Any? | (1) Any? | ||
| − | + | ||
| − | + | (a) agent who, having carried out any transaction in connection with his or her principal's affairs or business, fails to disclose to the principal the full nature of the transaction? | |
| − | + | ||
| − | + | (i) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived; or | |
| − | + | ||
| − | + | (ii) intending to obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal; or | |
| − | + | ||
| + | (b) person who? | ||
| + | |||
| + | (i) carries out any transaction with an agent in connection with the affairs or business of the agent's principal; or | ||
| + | |||
| + | (ii) assists an agent to carry out any such transaction; | ||
| + | |||
| + | knowing that the agent does not intend to disclose to the principal the full nature of the transaction; | ||
| + | |||
shall be guilty of corruptly concealing a transaction from a principal and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both. | shall be guilty of corruptly concealing a transaction from a principal and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both. | ||
| + | |||
(2) Where an agent agrees or arranges with another person or a person agrees or arranges with an agent not to disclose to the agent's principal the full nature of any transaction which the agent has carried out or will carry out in connection with the principal's affairs or business, and the agent or person so agreed or arranged? | (2) Where an agent agrees or arranges with another person or a person agrees or arranges with an agent not to disclose to the agent's principal the full nature of any transaction which the agent has carried out or will carry out in connection with the principal's affairs or business, and the agent or person so agreed or arranged? | ||
| − | + | ||
| − | + | (a) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived; or | |
| + | |||
| + | (b) intending that the agent should obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to the agent in terms of any agreement or arrangement between the agent and the principal; | ||
| + | |||
the competent charge shall be conspiracy to commit the crime of corruptly concealing a transaction from a principal. | the competent charge shall be conspiracy to commit the crime of corruptly concealing a transaction from a principal. | ||
| + | |||
(3) If it is proved, in any prosecution for corruptly concealing a transaction from a principal, that? | (3) If it is proved, in any prosecution for corruptly concealing a transaction from a principal, that? | ||
| − | + | ||
| − | + | (a) an agent? | |
| − | + | ||
| − | + | (i) agreed or arranged with another person that the full nature of any transaction should not be disclosed to the agent's principal; or | |
| − | + | ||
| − | + | (ii) failed to disclose to his or her principal the full nature of any transaction; | |
| − | 173 Corruptly concealing from a principal a personal interest in a transaction | + | |
| − | (1) Any? | + | the agent shall be presumed, unless the contrary is proved, to have done so intending to deceive the principal, or to obtain a consideration for himself or herself knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal, as the case may be; |
| − | + | ||
| − | + | (b) any person agreed or arranged with an agent that the full nature of any transaction should not be disclosed to the agent's principal, that person shall be presumed, unless the contrary is proved, to have done so intending to deceive the agent's principal; | |
| − | + | ||
| − | or | + | (c) any person carried out a transaction with an agent or assisted an agent to carry out a transaction the full nature of which was not disclosed to the agent's principal, that person shall be presumed, unless the contrary is proved, to have known that the agent did not intend to disclose to the principal the full nature of the transaction. |
| − | + | ||
| − | + | '''173 Corruptly concealing from a principal a personal interest in a transaction''' | |
| − | + | ||
| − | + | (1) Any? | |
| − | shall be guilty of corruptly concealing from a principal a personal interest in a transaction and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both. | + | |
| + | (a) agent who carries out any transaction in connection with his or her principal's affairs or business without disclosing to the principal that he or she holds a personal interest in the subject-matter of the transaction? | ||
| + | |||
| + | (i) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived; or | ||
| + | |||
| + | (ii) intending to obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal; | ||
| + | |||
| + | or | ||
| + | |||
| + | (b) person who? | ||
| + | |||
| + | (i) carries out any transaction with an agent in connection with the affairs or business of the agent's principal; or | ||
| + | |||
| + | (ii) assists an agent to carry out any such transaction; | ||
| + | |||
| + | knowing that the agent does not intend to disclose to the principal a personal interest which he or she or the agent holds in the subject-matter of the transaction; | ||
| + | |||
| + | shall be guilty of corruptly concealing from a principal a personal interest in a transaction and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both. | ||
| + | |||
(2) Where an agent agrees or arranges with another person or a person agrees or arranges with the agent not to disclose to the agent's principal any personal interest held by the agent in the subject-matter of any transaction which the agent has carried out or will carry out in connection with the principal's affairs or business, and the agent or person so agreed or arranged? | (2) Where an agent agrees or arranges with another person or a person agrees or arranges with the agent not to disclose to the agent's principal any personal interest held by the agent in the subject-matter of any transaction which the agent has carried out or will carry out in connection with the principal's affairs or business, and the agent or person so agreed or arranged? | ||
| − | + | ||
| − | + | (a) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived; or | |
| + | |||
| + | (b) intending that the agent should obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to the agent in terms of any agreement or arrangement between the agent and the principal; | ||
| + | |||
the competent charge shall be conspiracy to commit the crime of corruptly concealing from a principal a personal interest in a transaction. | the competent charge shall be conspiracy to commit the crime of corruptly concealing from a principal a personal interest in a transaction. | ||
| + | |||
(3) If it is proved, in any prosecution for the crime of corruptly concealing from a principal a personal interest in a transaction, that? | (3) If it is proved, in any prosecution for the crime of corruptly concealing from a principal a personal interest in a transaction, that? | ||
| − | + | ||
| − | + | (a) an agent? | |
| − | + | ||
| − | + | (i) agreed or arranged with another person that a personal interest held by the agent in the subject-matter of any transaction should not be disclosed to the agent's principal; | |
| − | + | ||
| − | + | (ii) failed to disclose to his or her principal a personal interest held by him or her in the subject-matter of any transaction; | |
| − | 174 Criminal abuse of duty as public officer | + | |
| + | the agent shall be presumed, unless the contrary is proved, to have done so intending to deceive the principal or to obtain a consideration for himself or herself knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal, as the case may be; | ||
| + | |||
| + | (b) any person agreed or arranged with an agent that a personal interest held by the agent in the subject-matter of any transaction should not be disclosed to the agent's principal, that person shall be presumed, unless the contrary is proved, to have done so intending to deceive the agent's principal; | ||
| + | |||
| + | (c) any person carried out a transaction with an agent or assisted an agent to carry out a transaction in the subject-matter of which the agent had a personal interest which was not disclosed to the agent's principal, that person shall be presumed, unless the contrary is proved, to have known of the personal interest and that the agent did not intend to disclose to the principal the personal interest held by him or her in the subject-matter of the transaction. | ||
| + | |||
| + | '''174 Criminal abuse of duty as public officer''' | ||
| + | |||
(1) If a public officer, in the exercise of his or her functions as such, intentionally? | (1) If a public officer, in the exercise of his or her functions as such, intentionally? | ||
| − | + | ||
| − | + | (a) does anything that is contrary to or inconsistent with his or her duty as a public officer; or | |
| + | |||
| + | (b) omits to do anything which it is his or her duty as a public officer to do; | ||
| + | |||
for the purpose of showing favour or disfavour to any person, he or she shall be guilty of criminal abuse of duty as a public officer and liable to a fine not exceeding level thirteen or imprisonment for period not exceeding fifteen years or both. | for the purpose of showing favour or disfavour to any person, he or she shall be guilty of criminal abuse of duty as a public officer and liable to a fine not exceeding level thirteen or imprisonment for period not exceeding fifteen years or both. | ||
| + | |||
(2) If it is proved, in any prosecution for criminal abuse of duty as a public officer, that a public officer, in breach of his or her duty as such, did or omitted to do anything to the favour or prejudice of any person, it shall be presumed, unless the contrary is proved, that he or she did or omitted to do the thing for the purpose of showing favour or disfavour, as the case may be, to that person. | (2) If it is proved, in any prosecution for criminal abuse of duty as a public officer, that a public officer, in breach of his or her duty as such, did or omitted to do anything to the favour or prejudice of any person, it shall be presumed, unless the contrary is proved, that he or she did or omitted to do the thing for the purpose of showing favour or disfavour, as the case may be, to that person. | ||
| + | |||
(3) For the avoidance of doubt it is declared that the crime of criminal abuse of duty as a public officer is not committed by a public officer who does or omits to do anything in the exercise of his or her functions as such for the purpose of favouring any person on the grounds of race or gender, if the act or omission arises from the implementation by the public officer of any Government policy aimed at the advancement of persons who have been historically disadvantaged by discriminatory laws or practices. | (3) For the avoidance of doubt it is declared that the crime of criminal abuse of duty as a public officer is not committed by a public officer who does or omits to do anything in the exercise of his or her functions as such for the purpose of favouring any person on the grounds of race or gender, if the act or omission arises from the implementation by the public officer of any Government policy aimed at the advancement of persons who have been historically disadvantaged by discriminatory laws or practices. | ||
| − | CHAPTER X | + | |
| − | CRIMES AGAINST LAW ENFORCEMENT AND PUBLIC ADMINISTRATION | + | == CHAPTER X == |
| − | 175 Interpretation in Chapter X | + | |
| + | ===CRIMES AGAINST LAW ENFORCEMENT AND PUBLIC ADMINISTRATION=== | ||
| + | |||
| + | '''175 Interpretation in Chapter X''' | ||
| + | |||
In this Chapter? | In this Chapter? | ||
| + | |||
"advantage" means any right, interest, profit, indemnity or advantage of any kind whatsoever which benefits a person, whether lawfully or otherwise, or which the person believes will so benefit him or her; | "advantage" means any right, interest, profit, indemnity or advantage of any kind whatsoever which benefits a person, whether lawfully or otherwise, or which the person believes will so benefit him or her; | ||
| + | |||
"corporate body of a public character" means a body corporate? | "corporate body of a public character" means a body corporate? | ||
| − | + | ||
| − | + | (a) established directly by or under any enactment for special purposes specified in that enactment; or | |
| + | |||
| + | (b) wholly owned or controlled by the State that discharges statutory functions, including functions specified by or under a licence or other like authority issued in terms of an enactment; | ||
| − | + | ||
| − | + | (a) any magistrate or justice of the peace; | |
| − | + | ||
| − | + | (b) the Sheriff or any deputy sheriff; | |
| − | + | ||
| − | + | (c) any police officer; | |
| − | + | ||
| − | + | (d) any prison officer; | |
| − | + | ||
| − | + | (e) any immigration officer; | |
| + | |||
| + | (f) any inspector of mines; | ||
| + | |||
| + | |||
| + | |||
| + | (i) chief, within his or her community; or | ||
| + | |||
| + | (ii) headman, chief's messenger or headman's messenger, within the community of his or her chief, as defined in the Traditional Leaders Act [Chapter 29:17]; | ||
| + | |||
| + | (h) any other person designated by the Minister by notice in a statutory instrument; | ||
| + | |||
"public authority" means a peace officer, public official, corporate body of a public character or any agency of the State; | "public authority" means a peace officer, public official, corporate body of a public character or any agency of the State; | ||
| + | |||
"public official" means? | "public official" means? | ||
| − | + | ||
| − | + | (a) a person who? | |
| − | + | ||
| − | + | (i) holds public office; or | |
| − | + | ||
| − | 176 Assaulting or resisting peace officer | + | (ii) is appointed to perform a public duty; |
| − | Any person who assaults or by violent means resists a peace officer acting in the course of his or her duty, knowing that he or she is a peace officer or realising that there is a risk or possibility that he or she is a peace officer, shall be guilty of assaulting or resisting a peace officer and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both. | + | |
| − | 177 Undermining of police authority | + | or |
| + | |||
| + | (b) any employee or agent of the State or a corporate body of a public character, who is appointed as an inspector or in any other capacity to enforce the provisions of any enactment. | ||
| + | |||
| + | '''176 Assaulting or resisting peace officer''' | ||
| + | |||
| + | Any person who assaults or by violent means resists a peace officer acting in the course of his or her duty, knowing that he or she is a peace officer or realising that there is a risk or possibility that he or she is a peace officer, shall be guilty of assaulting or resisting a peace officer and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both. | ||
| + | |||
| + | '''177 Undermining of police authority''' | ||
| + | |||
Any person who? | Any person who? | ||
| − | + | ||
| − | + | (a) in a public place and in the presence of? | |
| − | + | ||
| − | + | (i) a police officer who is present on duty; or | |
| − | + | ||
| − | + | (ii) a police officer who is off duty, knowing that he or she is a police officer or realising that there is a risk or possibility that he or she is a police officer; | |
| + | |||
| + | makes any statement that is false in a material particular or does any act or thing whatsoever; | ||
| + | |||
| + | or | ||
| + | |||
| + | (b) in a public place and whether or not in the presence of a police officer referred to in subparagraph (i) or (ii) of paragraph (a), makes any statement that is false in a material particular or does any act or thing whatsoever; | ||
| + | |||
with the intention or realising that there is a risk or possibility of engendering feelings of hostility towards such officer or the Police Force or exposing such officer or the Police Force to contempt, ridicule or disesteem, shall be guilty of undermining police authority and liable to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both. | with the intention or realising that there is a risk or possibility of engendering feelings of hostility towards such officer or the Police Force or exposing such officer or the Police Force to contempt, ridicule or disesteem, shall be guilty of undermining police authority and liable to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both. | ||
| − | 178 Obstruction of public official | + | |
| + | '''178 Obstruction of public official''' | ||
| + | |||
(1) Any person who by physical interference obstructs a public official acting in the lawful execution of his or her duty shall be guilty of obstructing a public official and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both. | (1) Any person who by physical interference obstructs a public official acting in the lawful execution of his or her duty shall be guilty of obstructing a public official and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both. | ||
| + | |||
(2) A person accused of obstructing a police officer investigating the commission of a crime shall be charged with the crime of defeating or obstructing the course of justice and not obstructing a public official. | (2) A person accused of obstructing a police officer investigating the commission of a crime shall be charged with the crime of defeating or obstructing the course of justice and not obstructing a public official. | ||
| + | |||
(3) Where a person is accused of obstructing a public official acting under an enactment which makes such obstruction a crime, such person shall be charged under that enactment and not under subsection (1). | (3) Where a person is accused of obstructing a public official acting under an enactment which makes such obstruction a crime, such person shall be charged under that enactment and not under subsection (1). | ||
| − | 179 Impersonating police officer, peace officer or public official | + | |
| + | '''179 Impersonating police officer, peace officer or public official''' | ||
| + | |||
(1) Any person who, for the purpose of obtaining any advantage, whether for himself or herself or for some other person, impersonates a police officer, peace officer or public official shall be guilty of impersonating a police officer, peace officer or public official, as the case may be, and liable? | (1) Any person who, for the purpose of obtaining any advantage, whether for himself or herself or for some other person, impersonates a police officer, peace officer or public official shall be guilty of impersonating a police officer, peace officer or public official, as the case may be, and liable? | ||
| − | + | ||
| − | + | (a) in a case where the accused impersonated a peace officer or police officer, to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both; | |
| + | |||
| + | (b) in any other case, to a fine not exceeding level six or imprisonment for a period not exceeding one year or both. | ||
| + | |||
(2) Where a person is accused of impersonating a police officer, peace officer or public official acting under an enactment which makes such impersonation a crime, such person shall be charged under that enactment and not under subsection (1). | (2) Where a person is accused of impersonating a police officer, peace officer or public official acting under an enactment which makes such impersonation a crime, such person shall be charged under that enactment and not under subsection (1). | ||
| − | 180 Deliberately supplying false information to public authority | + | |
| + | '''180 Deliberately supplying false information to public authority''' | ||
| + | |||
(1) Any person who, for the purpose of obtaining any advantage, whether for himself or herself or for some other person, supplies any information verbally or in writing to a public authority? | (1) Any person who, for the purpose of obtaining any advantage, whether for himself or herself or for some other person, supplies any information verbally or in writing to a public authority? | ||
| − | + | ||
| − | + | (a) knowing that the information is false; or | |
| − | shall be guilty of deliberately supplying false information to a public authority and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both. | + | |
| + | (b) realising that there is a real risk or possibility that it may be false; | ||
| + | |||
| + | shall be guilty of deliberately supplying false information to a public authority and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both. | ||
| + | |||
(2) Where a person is accused of deliberately supplying false information to a public authority in connection with an enactment which makes such conduct a crime, such person shall be charged under that enactment and not under subsection (1). | (2) Where a person is accused of deliberately supplying false information to a public authority in connection with an enactment which makes such conduct a crime, such person shall be charged under that enactment and not under subsection (1). | ||
| + | |||
(3) A person referred to in subsection (1) may be charged concurrently or alternatively with the crime of fraud. | (3) A person referred to in subsection (1) may be charged concurrently or alternatively with the crime of fraud. | ||
| − | CHAPTER XI | + | |
| − | CRIMES AGAINST THE ADMINISTRATION OF JUSTICE | + | == CHAPTER XI == |
| − | 181 Interpretation in Chapter XI | + | |
| + | ===CRIMES AGAINST THE ADMINISTRATION OF JUSTICE=== | ||
| + | |||
| + | '''181 Interpretation in Chapter XI''' | ||
| + | |||
In this Chapter? | In this Chapter? | ||
| + | |||
"court" means? | "court" means? | ||
| − | + | ||
| − | + | (a) the Supreme Court; or | |
| − | + | ||
| − | + | (b) the High Court; or | |
| − | + | ||
| − | + | (c) the Administrative Court; or | |
| − | + | ||
| − | + | (d) the Labour Court established in terms of section 84 of the Labour Act [Chapter 28:01]; | |
| − | + | ||
| − | + | (e) the Fiscal Appeal Court established in terms of section 3 of the Fiscal Appeal Court Act [Chapter 23:05]; or | |
| + | |||
| + | (f) the Special Court for Income Tax Appeals established in terms of section 64 of the Income Tax Act [Chapter 23:06]; or | ||
| + | |||
| + | (g) the Intellectual Property Tribunal established in terms of section 3 of the Intellectual Property Tribunal Act [Chapter 26:08]; | ||
| + | |||
| + | (h) a magistrates court established in terms of the Magistrates Court Act [Chapter 7:10]; or | ||
| + | |||
| + | (i) a local court established in terms of the Customary Law and Local Courts Act [Chapter 7:05]; or | ||
| + | |||
| + | (j) any other court or tribunal, which is established by or in terms of any enactment and which exercises judicial or quasi-judicial functions; | ||
| + | |||
"escaped person" means a person referred to in paragraph (a) or (b) of subsection (1) of section one hundred and eighty-five who has escaped from lawful custody in contravention of that section; | "escaped person" means a person referred to in paragraph (a) or (b) of subsection (1) of section one hundred and eighty-five who has escaped from lawful custody in contravention of that section; | ||
| + | |||
"judicial proceedings" means proceedings of a court, whatever the nature of such proceedings; | "judicial proceedings" means proceedings of a court, whatever the nature of such proceedings; | ||
| + | |||
"oath" means? | "oath" means? | ||
| − | + | ||
| − | + | (a) an oath lawfully sworn by a person in the course of or for the purpose of judicial proceedings; or | |
| − | + | ||
| + | (b) an affirmation lawfully made by a person in place of an oath in the course of or for the purpose of judicial proceedings; or | ||
| + | |||
| + | (c) an admonition lawfully administered to a person in place of an oath in the course of or for the purpose of judicial proceedings; | ||
| + | |||
"officer of court" means any person who performs official duties in any court or in connection with judicial proceedings, and includes a legal practitioner acting in the course of such duties, but does not include a person whose duties extend only to appearing in court as a witness; | "officer of court" means any person who performs official duties in any court or in connection with judicial proceedings, and includes a legal practitioner acting in the course of such duties, but does not include a person whose duties extend only to appearing in court as a witness; | ||
| + | |||
"prison" has the meaning given to that term in section 2 of the Prisons Act [Chapter 7:11]; | "prison" has the meaning given to that term in section 2 of the Prisons Act [Chapter 7:11]; | ||
| + | |||
"reward" means any right, interest, profit, indemnity, benefit or advantage of any kind whatsoever which is not due to the person who receives it. | "reward" means any right, interest, profit, indemnity, benefit or advantage of any kind whatsoever which is not due to the person who receives it. | ||
| − | 182 Contempt of court | + | |
| + | '''182 Contempt of court''' | ||
| + | |||
(1) Any person who, by any act or omission, impairs the dignity, reputation or authority of a court? | (1) Any person who, by any act or omission, impairs the dignity, reputation or authority of a court? | ||
| − | + | ||
| − | + | (a) intending to do so; or | |
| + | |||
| + | (b) realising that there is a real risk or possibility that his or her act or omission may have such an effect; | ||
| + | |||
shall be guilty of contempt of court and liable to a fine not exceeding level six or imprisonment for a period not exceeding one year or both. | shall be guilty of contempt of court and liable to a fine not exceeding level six or imprisonment for a period not exceeding one year or both. | ||
| + | |||
(2) Without limiting subsection (1), a person may impair the dignity, reputation or authority of a court by doing any of the following acts? | (2) Without limiting subsection (1), a person may impair the dignity, reputation or authority of a court by doing any of the following acts? | ||
| − | + | ||
| − | + | (a) having been properly summoned as a party or witness in any judicial proceedings to attend any court for the purpose of giving evidence or producing any document or thing before the court ? | |
| − | + | ||
| − | + | (i) intentionally or through negligence failing to attend the court in accordance with the summons; or | |
| − | + | ||
| − | + | (ii) and having attended the court, refusing to give evidence or to produce the document or thing, as the case may be; or | |
| − | + | ||
| − | + | (iii) refusing as a witness to answer any question put to him or her which he or she is lawfully required to answer; | |
| − | + | ||
| − | + | (b) obstructing, interrupting or disturbing judicial proceedings; | |
| − | + | ||
| + | (c) misbehaviour in court; | ||
| + | |||
| + | (d) insulting a judicial officer or officer of court in the course of judicial proceedings; | ||
| + | |||
| + | (e) knowingly contravening or failing to comply with any order of a court which is given during or in respect of judicial proceedings and with which it is his or her duty to comply; | ||
| + | |||
| + | (f) by words, conduct or demeanour pretending to be an officer of the court; | ||
| + | |||
| + | (g) issuing or publishing to any other person a document that purports to be issued by or emanate from a court, knowing that the document is not issued by or does not emanate from the court concerned; | ||
| + | |||
| + | (h) publishing evidence that has been given in camera or which the court has ordered should not be published. | ||
| + | |||
(3) It shall be a defence to a charge of contempt of court in the circumstances mentioned in paragraphs (d) of subsection (2) that the person charged was criticising, fairly, temperately and without malice, the administration of justice, the conduct of a judicial officer, or any decision or proceedings of a court. | (3) It shall be a defence to a charge of contempt of court in the circumstances mentioned in paragraphs (d) of subsection (2) that the person charged was criticising, fairly, temperately and without malice, the administration of justice, the conduct of a judicial officer, or any decision or proceedings of a court. | ||
| − | 183 Perjury | + | |
| + | '''183 Perjury''' | ||
| + | |||
(1) Any person who, in the course of or for the purpose of judicial proceedings, makes a false statement upon oath, whether the statement is written or oral? | (1) Any person who, in the course of or for the purpose of judicial proceedings, makes a false statement upon oath, whether the statement is written or oral? | ||
| − | + | ||
| − | + | (a) knowing that the statement is false; or | |
| + | |||
| + | (b) realising that there is a real risk or possibility that it may be false; | ||
| + | |||
shall be guilty of perjury and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both. | shall be guilty of perjury and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both. | ||
| + | |||
(2) For the purpose of subsection (1)? | (2) For the purpose of subsection (1)? | ||
| − | + | ||
| − | + | (a) a statement may be false by reason of the omission of facts as well as by the assertion of untrue or incorrect facts; | |
| − | + | ||
| − | + | (b) it shall be immaterial that? | |
| − | + | ||
| − | (3) Where a person who makes a statement upon oath and thereafter, upon the same or another oath, makes another statement which is in substantial conflict with the first statement, it shall be presumed, in any proceedings for perjury in respect of the statements, that? | + | (i) the judicial proceedings concerned are held or will be held before a court that is not properly constituted or that lacks jurisdiction to entertain the proceedings; or |
| − | + | ||
| − | + | (ii) the person who makes the false statement is not a competent witness in the judicial proceedings concerned; or | |
| − | unless the person proves that when he or she made each statement he or she genuinely believed that it was true. | + | |
| − | 184 Defeating or obstructing the course of justice | + | (iii) the statement is irrelevant to or inadmissible as evidence in the judicial proceedings concerned. |
| + | |||
| + | (3) Where a person who makes a statement upon oath and thereafter, upon the same or another oath, makes another statement which is in substantial conflict with the first statement, it shall be presumed, in any proceedings for perjury in respect of the statements, that? | ||
| + | |||
| + | (a) the person made a false statement, whether or not either statement has actually been proved to have been false; and | ||
| + | |||
| + | (b) the person knew the falsity thereof; | ||
| + | |||
| + | unless the person proves that when he or she made each statement he or she genuinely believed that it was true. | ||
| + | |||
| + | '''184 Defeating or obstructing the course of justice''' | ||
| + | |||
(1) Any person who? | (1) Any person who? | ||
| − | + | ||
| − | + | (a) by any act or omission, causes judicial proceedings to be defeated or obstructed, intending to defeat or obstruct the proceedings or realising that there is a real risk or possibility that the proceedings may be defeated or obstructed; or | |
| − | + | ||
| − | + | (b) by any act or omission intentionally hinders or obstructs another person whom he or she knows to be an officer of court in the performance of his or her duties as such; or | |
| − | + | ||
| − | + | (c) makes any statement, whether written or oral, in connection with any case which is pending before a court, intending the statement to prejudice the trial of the case, or realising that there is a real risk or possibility that the trial of the case may be prejudiced by the statement; or | |
| − | + | ||
| − | + | (d) in the course of or for the purposes of judicial proceedings makes a false statement otherwise than upon oath, whether the statement is written or oral, knowing that the statement is false or realising that there is a real risk or possibility that the statement may be false; or | |
| + | |||
| + | (e) knowing that a police officer is investigating the commission of a crime, or realising that there is a real risk or possibility that a police officer may be investigating the commission or suspected commission of a crime, and who, by any act or omission, causes such investigation to be defeated or obstructed, intending to defeat or obstruct the investigation or realising that there is a real risk or possibility that the investigation may be defeated or obstructed; or | ||
| + | |||
| + | (f) makes a statement to a police officer falsely alleging that a crime has been committed or may have been committed, knowing that the allegation is false or realising that there is a real risk or possibility that it may be false; or | ||
| + | |||
| + | (g) resists, hinders or disturbs a police officer in the execution of his or her duty, knowing that the police officer is a police officer executing his or her duty or realising that there is a real risk or possibility that the police officer may be a police officer executing his or her duty; or | ||
| + | |||
| + | (h) intentionally agrees with another person that, in return for a reward, he or she will not report to a police officer the commission of a crime; | ||
| + | |||
shall be guilty of defeating or obstructing the course of justice and liable in a case referred to in? | shall be guilty of defeating or obstructing the course of justice and liable in a case referred to in? | ||
| − | + | ||
| − | + | (i) paragraph (a), (d) or (e) to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both; | |
| − | + | ||
| + | (ii) paragraph (f) or (g) to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both; | ||
| + | |||
| + | (iii) paragraph (b), (c) or (h) to a fine not exceeding level six or imprisonment for a period not exceeding one year or both. | ||
| + | |||
(2) For the purposes of subsection (1), and without limiting that provision in any way? | (2) For the purposes of subsection (1), and without limiting that provision in any way? | ||
| − | + | ||
| − | + | (a) judicial proceedings are defeated when an innocent person is convicted or a guilty person escapes conviction or a plaintiff or applicant unjustly succeeds or a defendant or respondent unjustly fails to succeed; | |
| + | |||
| + | (b) judicial proceedings or the investigation of any crime are obstructed when the judicial proceedings or investigations are impeded or interfered with in any way. | ||
| + | |||
(3) Subsections (2) and (3) of section one hundred and eighty-three shall apply in relation to a false statement referred to in paragraph (d) of subsection (1) as they apply to a person who makes a statement upon oath. | (3) Subsections (2) and (3) of section one hundred and eighty-three shall apply in relation to a false statement referred to in paragraph (d) of subsection (1) as they apply to a person who makes a statement upon oath. | ||
| + | |||
(4) If a person who has committed or is suspected of having committed a crime refuses to make a statement or point out anything to a police officer, that refusal shall not constitute the crime of defeating or obstructing the course of justice. | (4) If a person who has committed or is suspected of having committed a crime refuses to make a statement or point out anything to a police officer, that refusal shall not constitute the crime of defeating or obstructing the course of justice. | ||
| − | 185 Escaping from lawful custody | + | |
| + | '''185 Escaping from lawful custody''' | ||
| + | |||
(1) Any person who, having been lawfully arrested and held in lawful custody and? | (1) Any person who, having been lawfully arrested and held in lawful custody and? | ||
| − | + | ||
| − | + | (a) not having yet been lodged in any prison; or | |
| + | |||
| + | (b) lodged in any prison; | ||
| + | |||
escapes or attempts to escape from such custody, shall be guilty of escaping from lawful custody and liable? | escapes or attempts to escape from such custody, shall be guilty of escaping from lawful custody and liable? | ||
| − | + | ||
| − | + | (i) if the crime was committed in any of the aggravating circumstances described in subsection (4)? | |
| − | + | ||
| − | + | A. to a fine not exceeding level eleven or imprisonment for a period not exceeding seven years or both, where the person had not yet been lodged in any prison; or | |
| − | + | ||
| − | + | B. to imprisonment for a period not exceeding ten years where the person had been lodged in any prison; | |
| − | + | ||
| + | or | ||
| + | |||
| + | (ii) in any other case? | ||
| + | |||
| + | A. to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both, where the person had not yet been lodged in any prison; or | ||
| + | |||
| + | B. to imprisonment for a period not exceeding seven years, where the person had been lodged in any prison. | ||
| + | |||
(2) Any person charged as an accomplice to the crime of escaping from lawful custody, in that he or she secured the escape from lawful custody of a person referred to in paragraph (a) or (b) of subsection (1), or otherwise aided such person in escaping or attempting to escape from lawful custody, shall be liable? | (2) Any person charged as an accomplice to the crime of escaping from lawful custody, in that he or she secured the escape from lawful custody of a person referred to in paragraph (a) or (b) of subsection (1), or otherwise aided such person in escaping or attempting to escape from lawful custody, shall be liable? | ||
| − | + | ||
| − | + | (a) if he or she secured or otherwise assisted in the escape from lawful custody of a person referred to in paragraph (a) of subsection (1)? | |
| − | + | ||
| − | + | (i) to a fine not exceeding level eleven or imprisonment for a period not exceeding seven years or both, if the crime was committed in any of the aggravating circumstances described in subsection (4); or | |
| − | + | ||
| − | + | (ii) to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both, in any other case; | |
| + | |||
| + | (b) if he or she secured or otherwise assisted in the escape from lawful custody of a person referred to in paragraph (b) of subsection (1)? | ||
| + | |||
| + | (i) to imprisonment for a period not exceeding ten years, if the crime was committed in any of the aggravating circumstances described in subsection (4); or | ||
| + | |||
| + | (ii) to imprisonment for a period not exceeding seven years, in any other case. | ||
| + | |||
(3) Any person charged as an accessory to the crime of escaping from lawful custody, in that he or she employed, or harboured or concealed or assisted in harbouring or concealing an escaped person knowing him or her to have escaped, shall be liable if convicted to a fine not exceeding level six or imprisonment for a period not exceeding one year or both. | (3) Any person charged as an accessory to the crime of escaping from lawful custody, in that he or she employed, or harboured or concealed or assisted in harbouring or concealing an escaped person knowing him or her to have escaped, shall be liable if convicted to a fine not exceeding level six or imprisonment for a period not exceeding one year or both. | ||
| + | |||
(4) It shall be an aggravating circumstance if any weapon or violence was used by a person charged with escaping from lawful custody. | (4) It shall be an aggravating circumstance if any weapon or violence was used by a person charged with escaping from lawful custody. | ||
| + | |||
(5) If, in any prosecution in terms of subsection (2), the accused conveyed any thing which may facilitate the escape of a person from lawful custody? | (5) If, in any prosecution in terms of subsection (2), the accused conveyed any thing which may facilitate the escape of a person from lawful custody? | ||
| − | + | ||
| − | + | (a) to the person held in lawful custody; or | |
| + | |||
| + | (b) into a conveyance, prison, hospital or other place whatsoever where or in which the person held in lawful custody may be, or outside such conveyance, prison, hospital or other place whatsoever in which such person may be so that it may come into his or her possession or use; | ||
| + | |||
it shall be presumed unless the contrary is proved that he or she did so in the course of securing the escape from lawful custody of the person so held. | it shall be presumed unless the contrary is proved that he or she did so in the course of securing the escape from lawful custody of the person so held. | ||
| + | |||
(6) A person referred to in paragraph (b) of subsection (1) who escapes or attempts to escape from lawful custody may be charged alternatively or concurrently in terms of section 90 of the Prisons Act [Chapter 7:11]. | (6) A person referred to in paragraph (b) of subsection (1) who escapes or attempts to escape from lawful custody may be charged alternatively or concurrently in terms of section 90 of the Prisons Act [Chapter 7:11]. | ||
| − | CHAPTER XII | + | |
| − | UNFINALISED CRIMES : THREATS, INCITEMENT, CONSPIRACY AND ATTEMPT | + | == CHAPTER XII == |
| − | 186 Threats | + | |
| + | ===UNFINALISED CRIMES : THREATS, INCITEMENT, CONSPIRACY AND ATTEMPT=== | ||
| + | |||
| + | '''186 Threats''' | ||
| + | |||
(1) Any person who by words, writing or conduct threatens to commit a crime referred to in subsection (3) against another person, thereby inspiring in the person to whom he or she communicates the threat a reasonable fear or belief that he or she will commit the crime, shall be guilty of threatening to commit the crime concerned if? | (1) Any person who by words, writing or conduct threatens to commit a crime referred to in subsection (3) against another person, thereby inspiring in the person to whom he or she communicates the threat a reasonable fear or belief that he or she will commit the crime, shall be guilty of threatening to commit the crime concerned if? | ||
| − | + | ||
| − | + | (a) he or she intended to commit the crime concerned or to inspire in the person to whom he or she communicated the threat a reasonable fear or belief that he or she would commit the crime concerned; or | |
| + | |||
| + | (b) he or she realised that there was a real risk or possibility of inspiring in the person to whom he or she communicated the threat a reasonable fear or belief that he or she would commit the crime concerned; | ||
| + | |||
and be liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both. | and be liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both. | ||
| + | |||
(2) Subsection (1) shall apply whether the person who is the subject of the threat is the person to whom the threat is communicated or is some other person. | (2) Subsection (1) shall apply whether the person who is the subject of the threat is the person to whom the threat is communicated or is some other person. | ||
| + | |||
(3) For the purposes of subsection (1), a charge of threatening to commit a crime shall only be competent where the crime concerned is murder, rape, aggravated indecent assault, indecent assault, kidnapping or unlawful detention, indicating witches and wizards, theft, robbery, unlawful entry into premises, malicious damage to property, or hijacking. | (3) For the purposes of subsection (1), a charge of threatening to commit a crime shall only be competent where the crime concerned is murder, rape, aggravated indecent assault, indecent assault, kidnapping or unlawful detention, indicating witches and wizards, theft, robbery, unlawful entry into premises, malicious damage to property, or hijacking. | ||
| − | 187 Incitement | + | |
| + | '''187 Incitement''' | ||
| + | |||
(1) Any person who, in any manner, communicates with another person? | (1) Any person who, in any manner, communicates with another person? | ||
| − | + | ||
| − | + | (a) intending by the communication to persuade or induce the other person to commit a crime, whether in terms of this Code or any other enactment; or | |
| + | |||
| + | (b) realising that there is a real risk or possibility that the other person may be persuaded or induced by the communication to commit a crime, whether in terms of this Code or any other enactment; | ||
| + | |||
shall be guilty of incitement to commit the crime concerned. | shall be guilty of incitement to commit the crime concerned. | ||
| + | |||
(2) It shall be immaterial to a charge of incitement that? | (2) It shall be immaterial to a charge of incitement that? | ||
| − | + | ||
| − | + | (a) the person who was incited was unresponsive to the incitement and had no intention of acting on the incitement; or | |
| − | 188 Conspiracy | + | |
| + | (b) the person who was incited did not know that what he or she was being incited to do or omit to do constituted a crime. | ||
| + | |||
| + | '''188 Conspiracy''' | ||
| + | |||
(1) Any person who enters into an agreement with one or more other persons for the commission of a crime, whether in terms of this Code or any other enactment? | (1) Any person who enters into an agreement with one or more other persons for the commission of a crime, whether in terms of this Code or any other enactment? | ||
| − | + | ||
| − | + | (a) intending by the agreement to bring about the commission of the crime; or | |
| + | |||
| + | (b) realising that there is a real risk or possibility that the agreement may bring about the commission of the crime; | ||
| + | |||
shall be guilty of conspiracy to commit the crime concerned. | shall be guilty of conspiracy to commit the crime concerned. | ||
| + | |||
(2) For an agreement to constitute a conspiracy? | (2) For an agreement to constitute a conspiracy? | ||
| − | + | ||
| − | + | (a) it shall not be necessary for the parties? | |
| − | + | ||
| − | + | (i) to agree upon the time, manner and circumstances in which the crime which is the subject of the conspiracy is to be committed; or | |
| − | + | ||
| − | + | (ii) to know the identity of every other party to the conspiracy; | |
| − | 189 Attempt | + | |
| + | (b) it shall be immaterial that? | ||
| + | |||
| + | (i) the crime which is the subject of the conspiracy is to be committed by one, both or all of the parties to the agreement; or | ||
| + | |||
| + | (ii) one or more of the parties to the conspiracy, other than the accused, did not know that the subject-matter of the agreement was the commission of a crime. | ||
| + | |||
| + | '''189 Attempt''' | ||
| + | |||
(1) Subject to subsection (1), any person who? | (1) Subject to subsection (1), any person who? | ||
| − | + | ||
| − | + | (a) intending to commit a crime, whether in terms of this Code or any other enactment; or | |
| − | does or omits to do anything that has reached at least the commencement of the execution of the intended crime, shall be guilty of attempting to commit the crime concerned: | + | |
| + | (b) realising that there is a real risk or possibility that a crime, whether in terms of this Code or any other enactment, may be committed; | ||
| + | |||
| + | does or omits to do anything that has reached at least the commencement of the execution of the intended crime, shall be guilty of attempting to commit the crime concerned: | ||
| + | |||
(2) A person shall not be guilty of attempting to commit a crime if, before the commencement of the execution of the intended crime, he or she changes his or her mind and voluntarily desists from proceeding further with the crime. | (2) A person shall not be guilty of attempting to commit a crime if, before the commencement of the execution of the intended crime, he or she changes his or her mind and voluntarily desists from proceeding further with the crime. | ||
| − | 190 Mistake of fact in relation to unfinalised crimes | + | |
| + | '''190 Mistake of fact in relation to unfinalised crimes''' | ||
| + | |||
It shall not be a defence to a charge of threatening, incitement, conspiracy or attempting to commit a crime that the accused believed, due to a mistake of fact, that it was physically possible to commit the crime which was the subject of the threat, incitement, conspiracy or attempt, whereas in fact its commission was physically impossible. | It shall not be a defence to a charge of threatening, incitement, conspiracy or attempting to commit a crime that the accused believed, due to a mistake of fact, that it was physically possible to commit the crime which was the subject of the threat, incitement, conspiracy or attempt, whereas in fact its commission was physically impossible. | ||
| − | 191 Extra- territorial incitement or conspiracy | + | |
| + | '''191 Extra- territorial incitement or conspiracy''' | ||
| + | |||
(1) If a person who is? | (1) If a person who is? | ||
| − | + | ||
| − | + | (a) in Zimbabwe incites or conspires with another person who is outside Zimbabwe to commit a crime in Zimbabwe; or | |
| + | |||
| + | (b) outside Zimbabwe incites or conspires with another person who is in Zimbabwe to commit a crime in Zimbabwe; | ||
| + | |||
the first-mentioned person or the other person mentioned in paragraph (a) or (b) or both may be charged in Zimbabwe with incitement or conspiracy to commit the crime concerned, as the case may be. | the first-mentioned person or the other person mentioned in paragraph (a) or (b) or both may be charged in Zimbabwe with incitement or conspiracy to commit the crime concerned, as the case may be. | ||
| + | |||
(2) If a person who is outside Zimbabwe incites or conspires with another person outside Zimbabwe to commit a crime in Zimbabwe, the first-mentioned person or the other person or both may be charged with incitement or conspiracy to commit the crime concerned, as the case may be, if, as a result of the incitement or conspiracy, either or both persons enter Zimbabwe in order to commit the crime. | (2) If a person who is outside Zimbabwe incites or conspires with another person outside Zimbabwe to commit a crime in Zimbabwe, the first-mentioned person or the other person or both may be charged with incitement or conspiracy to commit the crime concerned, as the case may be, if, as a result of the incitement or conspiracy, either or both persons enter Zimbabwe in order to commit the crime. | ||
| − | 192 Punishment for incitement, conspiracy or attempt | + | |
| + | '''192 Punishment for incitement, conspiracy or attempt''' | ||
| + | |||
Subject to this Code and any other enactment, a person who is convicted of incitement, conspiracy or attempting to commit a crime shall be liable to the same punishment to which he or she would have been liable had he or she actually committed the crime concerned. | Subject to this Code and any other enactment, a person who is convicted of incitement, conspiracy or attempting to commit a crime shall be liable to the same punishment to which he or she would have been liable had he or she actually committed the crime concerned. | ||
| − | 193 Presumptions, jurisdiction, powers and defences applicable to crimes applicable also to unfinalised crimes | + | |
| + | '''193 Presumptions, jurisdiction, powers and defences applicable to crimes applicable also to unfinalised crimes''' | ||
| + | |||
(1) Subject to this Chapter any? | (1) Subject to this Chapter any? | ||
| − | + | ||
| − | + | (a) presumption that applies; or | |
| − | + | ||
| − | + | (b) jurisdiction that may be exercised; or | |
| − | + | ||
| + | (c) award or order that may be made; or | ||
| + | |||
| + | (d) power to enter, inspect, arrest, search, detain, seize or eject that may be exercised; or | ||
| + | |||
| + | (e) power to take a deposit by way of a penalty that may be exercised; | ||
| + | |||
in relation to any crime or suspected crime in terms of this Code or any other enactment, shall be applicable or capable of being exercised or made, as the case may be, in relation to a threat, incitement, conspiracy or attempt to commit the crime or suspected crime concerned. | in relation to any crime or suspected crime in terms of this Code or any other enactment, shall be applicable or capable of being exercised or made, as the case may be, in relation to a threat, incitement, conspiracy or attempt to commit the crime or suspected crime concerned. | ||
| + | |||
(2) A person charged with threatening, incitement, conspiracy or attempting to commit a crime may raise or rely on any defence which he or she could have raised and relied on if he or she had been charged with committing the crime itself, to the extent that the defence relates to or is based on any fact or circumstance which is an essential element of both the crime and, as the case may be, the threat, incitement, conspiracy or attempt: | (2) A person charged with threatening, incitement, conspiracy or attempting to commit a crime may raise or rely on any defence which he or she could have raised and relied on if he or she had been charged with committing the crime itself, to the extent that the defence relates to or is based on any fact or circumstance which is an essential element of both the crime and, as the case may be, the threat, incitement, conspiracy or attempt: | ||
| + | |||
Provided that a person charged with incitement, conspiracy or attempting to commit a particular crime shall be guilty of incitement, conspiracy or attempting to commit a lesser crime where he or she is entitled to rely on a partial defence which would render a person charged with committing that particular crime guilty of the lesser crime. | Provided that a person charged with incitement, conspiracy or attempting to commit a particular crime shall be guilty of incitement, conspiracy or attempting to commit a lesser crime where he or she is entitled to rely on a partial defence which would render a person charged with committing that particular crime guilty of the lesser crime. | ||
| − | 194 Treason and any other crimes constituted by incitement, conspiracy or attempt | + | |
| + | '''194 Treason and any other crimes constituted by incitement, conspiracy or attempt''' | ||
| + | |||
This Chapter shall not affect the liability of a person to be convicted of the crime of treason or any other crime which is committed through incitement, conspiracy, any unlawful agreement, or an attempt, or of which incitement, conspiracy, any unlawful agreement or an attempt is an element. | This Chapter shall not affect the liability of a person to be convicted of the crime of treason or any other crime which is committed through incitement, conspiracy, any unlawful agreement, or an attempt, or of which incitement, conspiracy, any unlawful agreement or an attempt is an element. | ||
| − | CHAPTER XIII | + | |
| − | PARTICIPATION OR ASSISTANCE IN THE COMMISSION OF CRIMES | + | == CHAPTER XIII == |
| − | PART I | + | |
| − | PARTICIPATION OR ASSISTANCE BEFORE OR DURING COMMISSION OF CRIMES: CO-PERPETRATORS AND ACCOMPLICES | + | ===PARTICIPATION OR ASSISTANCE IN THE COMMISSION OF CRIMES=== |
| − | 195 Interpretation in Part I of Chapter XIII | + | |
| − | In this Part? | + | '''PART I''' |
| + | |||
| + | '''PARTICIPATION OR ASSISTANCE BEFORE OR DURING COMMISSION OF CRIMES: CO-PERPETRATORS AND ACCOMPLICES''' | ||
| + | |||
| + | '''195 Interpretation in Part I of Chapter XIII''' | ||
| + | |||
| + | In this Part? | ||
| + | |||
"accomplice" means a person, other than an actual perpetrator of a crime? | "accomplice" means a person, other than an actual perpetrator of a crime? | ||
| − | + | ||
| − | + | (a) who incites or conspires with an actual perpetrator to commit a crime, with the result that a crime is subsequently committed; or | |
| − | + | ||
| − | + | (b) who, having authority, whether lawful or otherwise, over an actual perpetrator and? | |
| − | + | ||
| − | + | (i) knowing that an actual perpetrator intends to commit a crime; or | |
| − | + | ||
| − | + | (ii) realising that there is a real risk or possibility that an actual perpetrator intends to commit a crime; | |
| − | + | ||
| + | authorises the actual perpetrator to commit the crime; or | ||
| + | |||
| + | (c) who? | ||
| + | |||
| + | (i) knowing that an actual perpetrator intends to commit a crime; or | ||
| + | |||
| + | (ii) realising that there is a real risk or possibility that an actual perpetrator intends to commit a crime; | ||
| + | |||
| + | renders to the actual perpetrator any form of assistance which enables, assists or encourages the actual perpetrator to commit the crime; | ||
| + | |||
"actual perpetrator", in relation to a crime, means a person who, with the requisite state of mind actually does, completes or omits to do anything the doing, completion or omission of which constitutes that crime; | "actual perpetrator", in relation to a crime, means a person who, with the requisite state of mind actually does, completes or omits to do anything the doing, completion or omission of which constitutes that crime; | ||
| + | |||
"co-perpetrator" means a person referred to in subsection (1) of section one hundred and ninety-six. | "co-perpetrator" means a person referred to in subsection (1) of section one hundred and ninety-six. | ||
| − | 196 Liability of co-perpetrators | + | |
| + | '''196 Liability of co-perpetrators''' | ||
| + | |||
(1) Subject to this section, where? | (1) Subject to this section, where? | ||
| − | + | ||
| − | + | (a) two or more persons knowingly associate with each other with the intention that each or any of them shall commit or be prepared to commit any crime; and | |
| − | + | ||
| + | (b) any one of the persons referred to in paragraph (a) ("the actual perpetrator") commits the crime; and | ||
| + | |||
| + | (c) any one of the persons referred to in paragraph (a) other than the actual perpetrator ("the co-perpetrator") is present with the actual perpetrator during the commission of the crime; | ||
the conduct of the actual perpetrator shall be deemed also to be the conduct of every co-perpetrator, whether or not the conduct of the co-perpetrator contributed directly in any way to the commission of the crime by the actual perpetrator. | the conduct of the actual perpetrator shall be deemed also to be the conduct of every co-perpetrator, whether or not the conduct of the co-perpetrator contributed directly in any way to the commission of the crime by the actual perpetrator. | ||
| + | |||
| − | + | ||
| − | + | (a) were associated together in any conduct that is preparatory to the conduct which resulted in the crime for which they are charged; or | |
| + | |||
| + | (b) engaged in any criminal behaviour as a team or group prior to the conduct which resulted in the crime for which they are charged; | ||
| + | |||
| − | + | ||
| − | + | (c) they knowingly associated with each other for a criminal purpose; and | |
| − | + | ||
| − | + | ||
| − | + | ||
| − | + | (i) was the crime for the commission of which they associated with each other; or | |
| − | + | ||
| + | (ii) was, if not the specific crime for the commission of which they associated with each other, a crime whose commission they realised was a real risk or possibility. | ||
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| + | |||
| + | |||
| + | (a) does not discharge the burden mentioned in subparagraph (i) or (ii) of paragraph (d) of subsection (2), his or her liability as the co-perpetrator of the crime shall not differ in any respect from the liability of the actual perpetrator, unless he or she satisfies the court that there are special circumstances peculiar to him or her or to the case (which circumstances shall be recorded by the court) why the same penalty as that imposed on the actual perpetrator should not be imposed on him or her; or | ||
| + | |||
| + | (b) discharges the burden mentioned in subparagraphs (i) and (ii) of paragraph (b) of subsection (2), he or she shall be found guilty of assisting the actual perpetrator of the crime as an accomplice or accessory. | ||
| + | |||
(4) Where there is a dispute between or among two or more accused persons referred to in subsection (1) as to the identity of the actual perpetrator (which dispute cannot be resolved by reference to the evidence that is available to the State) the burden of proving that any particular accused person did not actually perpetrate the crime shall rest with that person. | (4) Where there is a dispute between or among two or more accused persons referred to in subsection (1) as to the identity of the actual perpetrator (which dispute cannot be resolved by reference to the evidence that is available to the State) the burden of proving that any particular accused person did not actually perpetrate the crime shall rest with that person. | ||
| + | |||
(5) If any of the accused persons referred to in subsection (4) fails to discharge the burden there referred to and the actual perpetrator is not identified, the accused person or persons concerned shall be liable for punishment as if he or she or each of them was the actual perpetrator. | (5) If any of the accused persons referred to in subsection (4) fails to discharge the burden there referred to and the actual perpetrator is not identified, the accused person or persons concerned shall be liable for punishment as if he or she or each of them was the actual perpetrator. | ||
| + | |||
(6) It shall not be necessary to prove that there was a prior conspiracy to commit the crime for the commission of which a person is associated with another person or other persons in order for a court to find that any person is liable as a co-perpetrator of any crime. | (6) It shall not be necessary to prove that there was a prior conspiracy to commit the crime for the commission of which a person is associated with another person or other persons in order for a court to find that any person is liable as a co-perpetrator of any crime. | ||
| + | |||
(7) A person charged with being a co-perpetrator of crime may be found guilty of assisting the actual perpetrator of the crime as an accomplice or accessory if such are the facts proved. | (7) A person charged with being a co-perpetrator of crime may be found guilty of assisting the actual perpetrator of the crime as an accomplice or accessory if such are the facts proved. | ||
(8) For the avoidance of doubt it is declared that this section may not be used to convict a co-perpetrator of murder unless he or she was present with the actual perpetrator while the victim was still alive and before a mortal wound or mortal wounds had been inflicted. | (8) For the avoidance of doubt it is declared that this section may not be used to convict a co-perpetrator of murder unless he or she was present with the actual perpetrator while the victim was still alive and before a mortal wound or mortal wounds had been inflicted. | ||
| − | 197 Liability of accomplices | + | |
| + | '''197 Liability of accomplices''' | ||
| + | |||
(1) Subject to this Part, an accomplice shall be guilty of the same crime as that committed by the actual perpetrator whom the accomplice incited, conspired with or authorised or to whom the accomplice rendered assistance. | (1) Subject to this Part, an accomplice shall be guilty of the same crime as that committed by the actual perpetrator whom the accomplice incited, conspired with or authorised or to whom the accomplice rendered assistance. | ||
| + | |||
(2) An accomplice may be found guilty of the crime committed by the actual perpetrator whom the accomplice incited, conspired with or authorised or to whom the accomplice rendered assistance, even if? | (2) An accomplice may be found guilty of the crime committed by the actual perpetrator whom the accomplice incited, conspired with or authorised or to whom the accomplice rendered assistance, even if? | ||
| − | + | ||
| − | + | (a) the accomplice lacks the ability or capacity to commit the crime himself or herself; or | |
| − | + | ||
| + | (b) the accomplice is only aware of the fact that the conduct of the actual perpetrator is unlawful but unaware of the nature of the crime being committed or to be committed by the perpetrator or the manner in which it is committed; or | ||
| + | |||
| + | (c) the actual perpetrator is unaware of any assistance rendered by the accomplice. | ||
| + | |||
(3) Where a person does or omits to do anything which would make him or her an accomplice to the commission of a crime by another person, but for the fact that the other person is entitled to rely upon a defence which excuses that other person from liability or reduces that other person's liability for the crime concerned? | (3) Where a person does or omits to do anything which would make him or her an accomplice to the commission of a crime by another person, but for the fact that the other person is entitled to rely upon a defence which excuses that other person from liability or reduces that other person's liability for the crime concerned? | ||
| − | + | ||
| − | + | (a) the first-mentioned person shall be liable as an accomplice in terms of subsection (1) as if the other person were an actual perpetrator; and | |
| − | 198 Types of assistance to which accomplice liability applies | + | |
| + | (b) the first-mentioned person shall not be entitled to rely upon that defence unless he or she would be entitled to rely upon it if he or she were charged as an actual perpetrator of the crime concerned. | ||
| + | |||
| + | '''198 Types of assistance to which accomplice liability applies''' | ||
| + | |||
Without limiting the expression, any of the following forms of assistance, when given to an actual perpetrator of a crime, shall render the assister an accomplice? | Without limiting the expression, any of the following forms of assistance, when given to an actual perpetrator of a crime, shall render the assister an accomplice? | ||
| − | + | ||
| − | + | (a) supplying the means to commit the crime; or | |
| − | + | ||
| − | + | (b) supplying transport to enable the actual perpetrator to reach the scene of the crime; or | |
| − | + | ||
| − | + | (c) supplying information to enable the actual perpetrator to locate or identify his or her victim or to acquire knowledge of the place where the crime is to be committed; or | |
| − | + | ||
| − | + | (d) making premises of which the assister is the owner or occupier available for the commission of the crime; or | |
| − | 199 Liability of accomplice for further crimes committed by actual perpetrator | + | |
| − | Where an actual perpetrator commits a crime that is different from or additional to the crime intended by the accomplice when the accomplice incited, conspired with, authorised or assisted the actual perpetrator, the accomplice shall be guilty of that different or additional crime if, when the accomplice incited, conspired with, authorised or assisted the actual perpetrator, the accomplice realised that there was a real risk or possibility that the actual perpetrator might commit the different or additional crime. | + | (e) holding oneself available to give assistance in the commission of the crime, in the event of such assistance being required; or |
| − | 200 Withdrawal from crime by accomplice | + | |
| − | An accomplice shall not be guilty of a crime committed by an actual perpetrator if, before the crime has been committed, the accomplice voluntarily desists from further incitement of, conspiracy with, or authorisation or assistance to the actual perpetrator and either? | + | (f) immobilising or incapacitating the victim of the crime to enable the crime to be committed; or |
| − | + | ||
| − | + | (g) carrying implements or other things by which or with the aid of which the crime is committed; or | |
| − | 201 Accomplice liability for extra- territorial acts and crimes | + | |
| − | Where a crime is committed? | + | (h) keeping watch for or guarding against intervention or discovery while the crime is being committed. |
| − | + | ||
| − | + | 199 Liability of accomplice for further crimes committed by actual perpetrator | |
| + | |||
| + | Where an actual perpetrator commits a crime that is different from or additional to the crime intended by the accomplice when the accomplice incited, conspired with, authorised or assisted the actual perpetrator, the accomplice shall be guilty of that different or additional crime if, when the accomplice incited, conspired with, authorised or assisted the actual perpetrator, the accomplice realised that there was a real risk or possibility that the actual perpetrator might commit the different or additional crime. | ||
| + | |||
| + | '''200 Withdrawal from crime by accomplice''' | ||
| + | |||
| + | An accomplice shall not be guilty of a crime committed by an actual perpetrator if, before the crime has been committed, the accomplice voluntarily desists from further incitement of, conspiracy with, or authorisation or assistance to the actual perpetrator and either? | ||
| + | |||
| + | (a) renders wholly ineffective his or her previous incitement, conspiracy, authorisation or assistance; or | ||
| + | |||
| + | (b) gives warning of the crime to a police officer or other person with authority to prevent the commission of the crime, in sufficient time to enable the police officer or other person to prevent its commission. | ||
| + | |||
| + | '''201 Accomplice liability for extra- territorial acts and crimes''' | ||
| + | |||
| + | Where a crime is committed? | ||
| + | |||
| + | (a) inside Zimbabwe; or | ||
| + | |||
| + | (b) outside Zimbabwe in the case of a crime constituted by extra-territorial acts or omissions; | ||
| + | |||
and any person does or omits to do anything outside Zimbabwe which, if done or omitted in Zimbabwe would render the person an accomplice to that crime, such person may be charged in Zimbabwe as an accomplice to that crime. | and any person does or omits to do anything outside Zimbabwe which, if done or omitted in Zimbabwe would render the person an accomplice to that crime, such person may be charged in Zimbabwe as an accomplice to that crime. | ||
| − | 202 Punishment of accomplices | + | |
| + | '''202 Punishment of accomplices''' | ||
| + | |||
Subject to this Code and any other enactment, a person who is convicted of a crime as an accomplice shall be liable to the same punishment to which he or she would be liable had he or she been an actual perpetrator of the crime concerned. | Subject to this Code and any other enactment, a person who is convicted of a crime as an accomplice shall be liable to the same punishment to which he or she would be liable had he or she been an actual perpetrator of the crime concerned. | ||
| − | 203 Presumptions, jurisdiction, powers and defences applicable to actual perpetrators applicable also to accomplices | + | |
| + | '''203 Presumptions, jurisdiction, powers and defences applicable to actual perpetrators applicable also to accomplices''' | ||
| + | |||
(1) Subject to this Part, any? | (1) Subject to this Part, any? | ||
| − | + | ||
| − | + | (a) presumption that applies; or | |
| − | + | ||
| − | + | (b) jurisdiction that may be exercised; or | |
| − | + | ||
| + | (c) award or order that may be made; or | ||
| + | |||
| + | (d) power to enter, inspect, arrest, search, detain, seize or eject that may be exercised; or | ||
| + | |||
| + | (e) power to take a deposit by way of a penalty that may be exercised; | ||
| + | |||
in relation to the actual perpetrator of any crime or suspected crime in terms of this Code or any other enactment, shall be equally applicable or capable of being exercised or made, as the case may be, in relation to an accomplice to the commission of the crime or suspected crime concerned. | in relation to the actual perpetrator of any crime or suspected crime in terms of this Code or any other enactment, shall be equally applicable or capable of being exercised or made, as the case may be, in relation to an accomplice to the commission of the crime or suspected crime concerned. | ||
| + | |||
(2) Subject to this Code and any other enactment, a person charged as an accomplice may raise and rely on any defence which he or she could have raised and relied on if he or she had been charged as an actual perpetrator of the crime concerned, to the extent that the defence relates to or is based on any fact or circumstance which is an essential element of the crime as committed by both the actual perpetrator and an accomplice: | (2) Subject to this Code and any other enactment, a person charged as an accomplice may raise and rely on any defence which he or she could have raised and relied on if he or she had been charged as an actual perpetrator of the crime concerned, to the extent that the defence relates to or is based on any fact or circumstance which is an essential element of the crime as committed by both the actual perpetrator and an accomplice: | ||
| + | |||
Provided that a person charged as an accomplice shall be guilty of being an accomplice to a lesser crime where he or she is entitled to rely on a partial defence which would render a person charged with committing that particular crime guilty of the lesser crime. | Provided that a person charged as an accomplice shall be guilty of being an accomplice to a lesser crime where he or she is entitled to rely on a partial defence which would render a person charged with committing that particular crime guilty of the lesser crime. | ||
| − | 204 Where accomplice liability is concurrent or does not apply | + | |
| + | '''204 Where accomplice liability is concurrent or does not apply''' | ||
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This Part shall not affect the liability of any person? | This Part shall not affect the liability of any person? | ||
| − | + | ||
| − | + | (a) in terms of section fifty-eight or any other provision of this Code or in terms of any other enactment relating to participation in crimes; or | |
| − | + | ||
| − | PART II | + | (b) to be convicted of the crime of treason or any other crime which is committed through incitement, conspiracy, authorisation or assistance, or of which incitement, conspiracy, authorisation or assistance is an element; |
| − | ASSISTANCE AFTER COMMISSION OF CRIMES | + | |
| − | 205 Interpretation in Part II of Chapter XIII | + | (c) to be convicted as an actual perpetrator of the crime of theft or any other continuing crime. |
| + | |||
| + | '''PART II''' | ||
| + | |||
| + | '''ASSISTANCE AFTER COMMISSION OF CRIMES''' | ||
| + | |||
| + | '''205 Interpretation in Part II of Chapter XIII''' | ||
| + | |||
In this Part? | In this Part? | ||
| + | |||
"accessory", in relation to a crime, means a person who renders assistance to the actual perpetrator of the crime after it has been committed. | "accessory", in relation to a crime, means a person who renders assistance to the actual perpetrator of the crime after it has been committed. | ||
| − | 206 Assistance after commission of crime | + | |
| + | '''206 Assistance after commission of crime''' | ||
| + | |||
Any person, other than an actual perpetrator of a crime, who? | Any person, other than an actual perpetrator of a crime, who? | ||
| − | + | ||
| − | + | (a) knowing that an actual perpetrator has committed a crime; or | |
| + | |||
| + | (b) realising that there is a real risk or possibility that an actual perpetrator has committed a crime; | ||
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renders to the actual perpetrator any assistance which enables the actual perpetrator to conceal the crime or to evade justice or which in any other way associates the person rendering the assistance with the crime after it has been committed, shall be guilty of being an accessory to the crime concerned. | renders to the actual perpetrator any assistance which enables the actual perpetrator to conceal the crime or to evade justice or which in any other way associates the person rendering the assistance with the crime after it has been committed, shall be guilty of being an accessory to the crime concerned. | ||
| − | 207 Unavailable defences for accessories | + | |
| + | '''207 Unavailable defences for accessories''' | ||
| + | |||
(1) A person may be found guilty as an accessory to a crime even if? | (1) A person may be found guilty as an accessory to a crime even if? | ||
| − | + | ||
| − | + | (a) the person lacks capacity to commit the crime committed by the actual perpetrator; or | |
| − | + | ||
| − | + | (b) the person is only aware of the fact that the conduct of the actual perpetrator is unlawful but unaware of the nature of the crime committed by the actual perpetrator or the manner in which it was committed; or | |
| + | |||
| + | (c) the actual perpetrator is unaware of any assistance rendered by the person; or | ||
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| + | (d) the assistance the person renders does not in fact enable the actual perpetrator to conceal the crime or to evade justice. | ||
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(2) Where a person renders assistance to another person in circumstances which would make him or her guilty as an accessory to a crime, but for the fact that the person to whom he or she renders assistance is entitled to rely upon a defence which excuses that other person from liability or reduces that other person's liability for the crime concerned? | (2) Where a person renders assistance to another person in circumstances which would make him or her guilty as an accessory to a crime, but for the fact that the person to whom he or she renders assistance is entitled to rely upon a defence which excuses that other person from liability or reduces that other person's liability for the crime concerned? | ||
| − | + | ||
| − | + | (a) the first-mentioned person shall be guilty as an accessory to a crime as if the person to whom he or she renders assistance were an actual perpetrator; and | |
| − | 208 Types of assistance to which accessory liability applies | + | |
| + | (b) the first-mentioned person shall not be entitled to rely upon that defence unless he or she would be entitled to rely upon it if he himself or she herself were charged as an actual perpetrator of the crime concerned. | ||
| + | |||
| + | '''208 Types of assistance to which accessory liability applies''' | ||
| + | |||
Without limiting the expression, any of the following forms of assistance, when given to an actual perpetrator of a crime, shall render a person liable as an accessory to the crime in terms of this Part? | Without limiting the expression, any of the following forms of assistance, when given to an actual perpetrator of a crime, shall render a person liable as an accessory to the crime in terms of this Part? | ||
| − | + | ||
| − | + | (a) concealing, sheltering or feeding the actual perpetrator to enable the actual perpetrator to escape apprehension; | |
| − | + | ||
| − | + | (b) driving or providing transport to enable the actual perpetrator to escape apprehension; | |
| − | 209 Accessory liability for extra-territorial acts and crimes | + | |
| + | (c) destroying or concealing evidence of the commission of the crime; | ||
| + | |||
| + | (d) giving false information to a police officer or other person in authority concerning the circumstances of the crime or the whereabouts of the actual perpetrator. | ||
| + | |||
| + | '''209 Accessory liability for extra-territorial acts and crimes''' | ||
| + | |||
Where a crime is committed? | Where a crime is committed? | ||
| − | + | ||
| − | + | (a) inside Zimbabwe; or | |
| + | |||
| + | (b) outside Zimbabwe in the case of a crime constituted by extra-territorial acts or omissions; | ||
| + | |||
and any person renders any assistance outside Zimbabwe to the actual perpetrator of the crime which, if rendered in Zimbabwe, would make the person liable as an accessory to that crime, such person may be charged in Zimbabwe as an accessory to that crime. | and any person renders any assistance outside Zimbabwe to the actual perpetrator of the crime which, if rendered in Zimbabwe, would make the person liable as an accessory to that crime, such person may be charged in Zimbabwe as an accessory to that crime. | ||
| − | 210 Punishment of accessories | + | |
| + | '''210 Punishment of accessories''' | ||
| + | |||
A person who is convicted as an accessory to a crime shall be liable to the same punishment to which he or she would have been liable had he or she been convicted of the crime committed by the actual perpetrator to whom he or she rendered assistance. | A person who is convicted as an accessory to a crime shall be liable to the same punishment to which he or she would have been liable had he or she been convicted of the crime committed by the actual perpetrator to whom he or she rendered assistance. | ||
| − | 211 Presumptions, jurisdiction, powers and defences applicable to actual perpetrators applicable also to accessories | + | |
| + | '''211 Presumptions, jurisdiction, powers and defences applicable to actual perpetrators applicable also to accessories''' | ||
| + | |||
(1) Subject to this Part, any? | (1) Subject to this Part, any? | ||
| − | + | ||
| − | + | (a) presumption that applies; or | |
| − | + | ||
| − | + | (b) jurisdiction that may that may be exercised; or | |
| − | + | ||
| + | (c) award or order that may be made; or | ||
| + | |||
| + | (d) power to enter, inspect, arrest, search, detain, seize or eject that may be exercised; or | ||
| + | |||
| + | (e) power to take a deposit by way of a penalty that may be exercised; | ||
| + | |||
in relation to the actual perpetrator of any crime or suspected crime in terms of this Code or any other enactment, shall be equally applicable or capable of being exercised or made, as the case may be, in relation to an accessory. | in relation to the actual perpetrator of any crime or suspected crime in terms of this Code or any other enactment, shall be equally applicable or capable of being exercised or made, as the case may be, in relation to an accessory. | ||
| + | |||
(2) Subject to this Code and any other enactment, a person charged as an accessory may raise and rely on any defence which he or she could have raised and relied on if he or she had been charged as an actual perpetrator of the crime concerned, to the extent that the defence relates to or is based on any fact or circumstance which is an essential element of the crime as committed by both the actual perpetrator and an accessory: | (2) Subject to this Code and any other enactment, a person charged as an accessory may raise and rely on any defence which he or she could have raised and relied on if he or she had been charged as an actual perpetrator of the crime concerned, to the extent that the defence relates to or is based on any fact or circumstance which is an essential element of the crime as committed by both the actual perpetrator and an accessory: | ||
| + | |||
Provided that a person charged as an accessory shall be guilty of being an accessory to a lesser crime where he or she is entitled to rely on a partial defence which would render a person charged with committing that particular crime guilty of the lesser crime. | Provided that a person charged as an accessory shall be guilty of being an accessory to a lesser crime where he or she is entitled to rely on a partial defence which would render a person charged with committing that particular crime guilty of the lesser crime. | ||
| − | 212 Where accessory liability is concurrent or does not apply | + | |
| + | '''212 Where accessory liability is concurrent or does not apply''' | ||
| + | |||
This Part shall not affect the liability of any person? | This Part shall not affect the liability of any person? | ||
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| − | Division A: Defence Relating to Voluntary Conduct | + | (a) in terms of section fifty-eight or any other provision of this Code or in terms of any other enactment relating to the rendering of assistance to offenders; |
| − | PART II | + | |
| − | AUTOMATISM | + | (b) to be convicted of the crime of treason or any other crime which is committed through the rendering of assistance or failure to report the crime, or of which the rendering of assistance or a failure to report is an element; |
| − | 216 Involuntary conduct | + | |
| − | (1) Subject to subsection (3), the fact that the conduct of a person charged with a crime was not voluntary as required by paragraph (c) of section nine, that is, that the person did or omitted to do anything that is an essential element of the crime without conscious knowledge or control, shall be a complete defence to the charge. | + | (c) to be convicted as an actual perpetrator of the crime of theft or any other continuing crime. |
| + | |||
| + | == CHAPTER XIV == | ||
| + | |||
| + | ===GENERAL DEFENCES AND MITIGATING FACTORS=== | ||
| + | |||
| + | '''PART I''' | ||
| + | |||
| + | '''PRELIMINARY''' | ||
| + | |||
| + | '''213 Interpretation in Chapter XIV''' | ||
| + | |||
| + | In this Chapter? | ||
| + | |||
| + | "complete defence" means a defence to a criminal charge which completely absolves the accused from criminal liability; | ||
| + | |||
| + | "partial defence" means a defence to a criminal charge which does not completely absolve the accused from criminal liability but instead renders the accused liable to conviction for a lesser crime. | ||
| + | |||
| + | '''214 Defences and mitigating factors not limited to those mentioned in Chapter XIV''' | ||
| + | |||
| + | The defences and mitigating factors which an accused may successfully raise are not limited to those set out in this Chapter. | ||
| + | |||
| + | '''215 Defence to one crime not necessarily defence to other crimes''' | ||
| + | |||
| + | The fact that a person has a complete or partial defence in relation to conduct which is an essential element of a particular crime shall not prevent that person from being charged with and convicted of any other crime of which that conduct is not an essential element. | ||
| + | |||
| + | '''Division A: Defence Relating to Voluntary Conduct''' | ||
| + | |||
| + | '''PART II''' | ||
| + | |||
| + | '''AUTOMATISM''' | ||
| + | |||
| + | '''216 Involuntary conduct''' | ||
| + | |||
| + | (1) Subject to subsection (3), the fact that the conduct of a person charged with a crime was not voluntary as required by paragraph (c) of section nine, that is, that the person did or omitted to do anything that is an essential element of the crime without conscious knowledge or control, shall be a complete defence to the charge. | ||
| + | |||
(2) Without derogating from the generality of the meaning of "voluntary conduct", the following do not constitute voluntary conduct? | (2) Without derogating from the generality of the meaning of "voluntary conduct", the following do not constitute voluntary conduct? | ||
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| − | |||
| − | |||
| − | |||
| − | Division B: Defences and Mitigating Factors Relating to the Mental State | + | (a) a reflex movement, spasm or convulsion; |
| − | PART III | + | |
| − | DIMINISHED RESPONSIBILITY | + | (b) a bodily movement during unconsciousness or sleep; |
| − | 217 Interpretation in Part III of Chapter XIV | + | |
| + | (c) conduct during hypnosis, or which results from hypnotic suggestion; | ||
| + | |||
| + | (d) conduct over which a person has no control, his or her body or part of his or her body being merely an instrument in the hands of a human or natural agency outside him or her; | ||
| + | and the expression "involuntary conduct" shall be construed accordingly. | ||
| + | |||
| + | (3) If a situation in which a person's conduct is involuntary is brought about through the person's own fault, a court may regard the conduct as voluntary. | ||
| + | |||
| + | (4) If it is found that the conduct of a person upon which he or she is charged with a crime was involuntary, and that such involuntary conduct was the result of a mental disorder or defect as defined in section two hundred and twenty-six, a court shall return a special verdict in terms of section 29 of the Mental Health Act [Chapter 15:12] (Act No. 15 of 1996). | ||
| + | |||
| + | '''Division B: Defences and Mitigating Factors Relating to the Mental State''' | ||
| + | |||
| + | '''PART III''' | ||
| + | |||
| + | '''DIMINISHED RESPONSIBILITY''' | ||
| + | |||
| + | '''217 Interpretation in Part III of Chapter XIV''' | ||
| + | |||
In this Part? | In this Part? | ||
| + | |||
"partial mental disorder or defect" means a mental disorder or defect as defined in section two hundred and twenty-six, the effect of which is not such as to entirely deprive the person suffering from it of the capacity to appreciate the nature or lawfulness of his or her conduct or to act in accordance with such an appreciation. | "partial mental disorder or defect" means a mental disorder or defect as defined in section two hundred and twenty-six, the effect of which is not such as to entirely deprive the person suffering from it of the capacity to appreciate the nature or lawfulness of his or her conduct or to act in accordance with such an appreciation. | ||
| − | 218 Diminished responsibility to operate in mitigation not as defence | + | |
| + | '''218 Diminished responsibility to operate in mitigation not as defence''' | ||
| + | |||
(1) If at the time when a crime is committed the capacity of the person committing it? | (1) If at the time when a crime is committed the capacity of the person committing it? | ||
| − | + | ||
| − | + | (a) to appreciate the nature of his or her conduct or that his or her conduct was unlawful; or | |
| + | |||
| + | (b) to act in accordance with an appreciation of the kind referred to in paragraph (a); | ||
| + | |||
is diminished on account of acute mental or emotional stress, or a partial mental disorder or defect, such diminished responsibility shall not be a defence to the crime, but a court convicting such person shall take it into account when imposing sentence upon him or her for the crime. | is diminished on account of acute mental or emotional stress, or a partial mental disorder or defect, such diminished responsibility shall not be a defence to the crime, but a court convicting such person shall take it into account when imposing sentence upon him or her for the crime. | ||
| + | |||
(2) If the acute mental or emotional stress, or partial mental disorder or defect, is brought about through the person's own fault, a court may regard such person's responsibility as not having been diminished. | (2) If the acute mental or emotional stress, or partial mental disorder or defect, is brought about through the person's own fault, a court may regard such person's responsibility as not having been diminished. | ||
| + | |||
(3) Where the capacity of a person to appreciate the nature or lawfulness of his or her conduct or to act in accordance with such an appreciation is affected by intoxication or provocation, Part IV or IX, as the case may be, shall apply to such person. | (3) Where the capacity of a person to appreciate the nature or lawfulness of his or her conduct or to act in accordance with such an appreciation is affected by intoxication or provocation, Part IV or IX, as the case may be, shall apply to such person. | ||
| + | |||
(4) For the avoidance of doubt it is declared that where a mental disorder or defect is such as to negate rather than diminish the capacity of the person suffering from it to appreciate the nature or lawfulness of his or her conduct or to act in accordance with such an appreciation, the person shall be entitled to a complete defence in terms of section two hundred and twenty-seven. | (4) For the avoidance of doubt it is declared that where a mental disorder or defect is such as to negate rather than diminish the capacity of the person suffering from it to appreciate the nature or lawfulness of his or her conduct or to act in accordance with such an appreciation, the person shall be entitled to a complete defence in terms of section two hundred and twenty-seven. | ||
| − | PART IV | + | |
| − | INTOXICATION | + | '''PART IV''' |
| − | 219 Interpretation in Part IV of Chapter XIV | + | |
| + | '''INTOXICATION''' | ||
| + | |||
| + | '''219 Interpretation in Part IV of Chapter XIV''' | ||
| + | |||
In this Part? | In this Part? | ||
| + | |||
"intoxication" means intoxication resulting from the ingestion of any form of alcohol or drug; | "intoxication" means intoxication resulting from the ingestion of any form of alcohol or drug; | ||
| + | |||
"involuntary intoxication" means intoxication that is not voluntarily self-induced; | "involuntary intoxication" means intoxication that is not voluntarily self-induced; | ||
| + | |||
"voluntary intoxication" means intoxication which is voluntarily self-induced. | "voluntary intoxication" means intoxication which is voluntarily self-induced. | ||
| − | 220 When involuntary intoxication a complete defence to crimes | + | |
| + | '''220 When involuntary intoxication a complete defence to crimes''' | ||
| + | |||
(1) The fact that a person charged with a crime was intoxicated when he or she did or omitted to do anything that is an essential element of the crime shall be a complete defence to the charge if? | (1) The fact that a person charged with a crime was intoxicated when he or she did or omitted to do anything that is an essential element of the crime shall be a complete defence to the charge if? | ||
| − | + | ||
| − | + | (a) the person was involuntarily intoxicated when he or she did or omitted to do anything that is an essential element of the crime; and | |
| + | |||
| + | (b) in relation to a crime of which intention, knowledge or the realisation of a real risk or possibility is an element, the person was intoxicated to such an extent that he or she lacked the requisite intention, knowledge or realisation. | ||
| + | |||
(2) For the avoidance of doubt it is declared that involuntary intoxication shall be a complete defence to any crime of which negligence is an element. | (2) For the avoidance of doubt it is declared that involuntary intoxication shall be a complete defence to any crime of which negligence is an element. | ||
| − | 221 Intoxication no defence to crimes committed with requisite state of mind | + | |
| + | '''221 Intoxication no defence to crimes committed with requisite state of mind''' | ||
| + | |||
(1) If a person charged with a crime requiring proof of intention, knowledge or the realisation of a real risk or possibility? | (1) If a person charged with a crime requiring proof of intention, knowledge or the realisation of a real risk or possibility? | ||
| − | + | ||
| − | + | (a) was voluntarily or involuntarily intoxicated when he or she did or omitted to do anything which is an essential element of the crime; but | |
| + | |||
| + | (b) the effect of the intoxication was not such that he or she lacked the requisite intention, knowledge or realisation; | ||
| + | |||
such intoxication shall not be a defence to the crime, but the court may regard it as mitigatory when assessing the sentence to be imposed. | such intoxication shall not be a defence to the crime, but the court may regard it as mitigatory when assessing the sentence to be imposed. | ||
| + | |||
(2) Where a person is charged with a crime requiring proof of negligence, the fact the person was voluntarily intoxicated when he or she did or omitted to do anything which is an essential element of the crime shall not be a defence to any such crime, nor shall the court regard it as mitigatory when assessing the sentence to be imposed. | (2) Where a person is charged with a crime requiring proof of negligence, the fact the person was voluntarily intoxicated when he or she did or omitted to do anything which is an essential element of the crime shall not be a defence to any such crime, nor shall the court regard it as mitigatory when assessing the sentence to be imposed. | ||
| − | 222 Voluntary intoxication leading to unlawful conduct | + | |
| + | '''222 Voluntary intoxication leading to unlawful conduct''' | ||
| + | |||
If a person charged with a crime requiring proof of intention, knowledge or the realisation of a real risk or possibility (hereafter in this section called "the crime originally charged") and it is proved that? | If a person charged with a crime requiring proof of intention, knowledge or the realisation of a real risk or possibility (hereafter in this section called "the crime originally charged") and it is proved that? | ||
| − | + | ||
| − | + | (a) the accused was voluntarily intoxicated when he or she did or omitted to do anything which is an essential element of the crime originally charged; and | |
| + | |||
| + | (b) the effect of the intoxication was such that the accused lacked the requisite intention, knowledge or realisation; | ||
| + | |||
he or she shall be guilty of voluntary intoxication leading to unlawful conduct instead of the crime originally charged and liable to the same punishment as if? | he or she shall be guilty of voluntary intoxication leading to unlawful conduct instead of the crime originally charged and liable to the same punishment as if? | ||
| − | + | ||
| − | + | (i) he or she had been found guilty of the crime originally charged; and | |
| − | 223 Intoxication facilitating the commission of crime | + | |
| + | (ii) intoxication had been assessed as a mitigatory circumstance in his or her case. | ||
| + | |||
| + | '''223 Intoxication facilitating the commission of crime''' | ||
| + | |||
(1) Notwithstanding any other provision of this Part, if a person? | (1) Notwithstanding any other provision of this Part, if a person? | ||
| − | + | ||
| − | + | (a) having formed an intention to commit a crime, becomes voluntarily intoxicated for the purpose of enabling him or her to commit the crime or facilitating his or her commission of the crime; and | |
| + | |||
| + | (b) while so intoxicated, does or omits to do anything which, if done or omitted, as the case may be, with the requisite intention, would be an essential element of a crime; | ||
| + | |||
the person may be convicted of the crime concerned on the basis of his or her original intention, in all respects as if he or she had not been intoxicated when he or she did or omitted to do the thing concerned. | the person may be convicted of the crime concerned on the basis of his or her original intention, in all respects as if he or she had not been intoxicated when he or she did or omitted to do the thing concerned. | ||
| + | |||
(2) Notwithstanding any other provision of this Code, if a person becomes voluntarily intoxicated realising that there is real risk or possibility that he or she will, in his or her intoxicated condition, engage in any conduct for which he or she may be held criminally liable, he or she may be convicted of the crime constituted by the conduct on the basis of his or her original realisation, in all respects as if he or she had not been intoxicated when he or she did or omitted to do the thing concerned. | (2) Notwithstanding any other provision of this Code, if a person becomes voluntarily intoxicated realising that there is real risk or possibility that he or she will, in his or her intoxicated condition, engage in any conduct for which he or she may be held criminally liable, he or she may be convicted of the crime constituted by the conduct on the basis of his or her original realisation, in all respects as if he or she had not been intoxicated when he or she did or omitted to do the thing concerned. | ||
| − | 224 Voluntary intoxication leading to provocation | + | |
| + | '''224 Voluntary intoxication leading to provocation''' | ||
| + | |||
If a person, while in a state of voluntary intoxication, is provoked into any conduct by something which would not have provoked that person had he or she not been intoxicated, the court shall, in accordance with Part IX, regard such provocation as mitigatory when assessing the sentence. | If a person, while in a state of voluntary intoxication, is provoked into any conduct by something which would not have provoked that person had he or she not been intoxicated, the court shall, in accordance with Part IX, regard such provocation as mitigatory when assessing the sentence. | ||
| − | 225 Intoxication leading to mental disorder | + | |
| + | '''225 Intoxication leading to mental disorder''' | ||
| + | |||
If a person, as a result of voluntary or involuntary intoxication, suffers from a permanent or long-lasting disorder or disability of mind, the disorder or disability shall be capable of constituting a defence of mental disorder in terms of Part V to a criminal charge arising out of any conduct on the person's part whilst he or she is suffering from the disorder or disability: | If a person, as a result of voluntary or involuntary intoxication, suffers from a permanent or long-lasting disorder or disability of mind, the disorder or disability shall be capable of constituting a defence of mental disorder in terms of Part V to a criminal charge arising out of any conduct on the person's part whilst he or she is suffering from the disorder or disability: | ||
| + | |||
Provided that a verdict that the person was mentally disordered shall not be returned if the person's mind was only temporarily disordered or disabled by the effects of alcohol or a drug. | Provided that a verdict that the person was mentally disordered shall not be returned if the person's mind was only temporarily disordered or disabled by the effects of alcohol or a drug. | ||
| − | PART V | + | |
| − | MENTAL DISORDER | + | '''PART V''' |
| − | 226 Interpretation in Part V of Chapter XIV | + | |
| + | '''MENTAL DISORDER''' | ||
| + | |||
| + | '''226 Interpretation in Part V of Chapter XIV''' | ||
| + | |||
In this Part? | In this Part? | ||
| + | |||
"mental disorder or defect" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of the mind. | "mental disorder or defect" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of the mind. | ||
| − | 227 Mental disorder at time of commission of crime | + | |
| + | '''227 Mental disorder at time of commission of crime''' | ||
| + | |||
(1) The fact that a person charged with a crime was suffering from a mental disorder or defect when the person did or omitted to do anything which is an essential element of the crime charged shall be a complete defence to the charge if the mental disorder or defect made him or her? | (1) The fact that a person charged with a crime was suffering from a mental disorder or defect when the person did or omitted to do anything which is an essential element of the crime charged shall be a complete defence to the charge if the mental disorder or defect made him or her? | ||
| − | + | ||
| − | + | (a) incapable of appreciating the nature of his or her conduct, or that his or her conduct was unlawful, or both; or | |
| + | |||
| + | (b) incapable, notwithstanding that he or she appreciated the nature of his or her conduct, or that his or her conduct was unlawful, or both, of acting in accordance with such an appreciation. | ||
| + | |||
(2) For the purposes of subsection (1), the cause and duration of the mental disorder or defect shall be immaterial. | (2) For the purposes of subsection (1), the cause and duration of the mental disorder or defect shall be immaterial. | ||
| + | |||
(3) Subsection (1) shall not apply to a mental disorder or defect which is neither permanent nor long-lasting, suffered by a person as a result of voluntary intoxication as defined in section two hundred and nineteen. | (3) Subsection (1) shall not apply to a mental disorder or defect which is neither permanent nor long-lasting, suffered by a person as a result of voluntary intoxication as defined in section two hundred and nineteen. | ||
| − | 228 Mental disorder at time of trial | + | |
| + | '''228 Mental disorder at time of trial''' | ||
| + | |||
The fact that a person is mentally disordered or defective at the time of his or her trial on a criminal charge shall not be a defence to the charge unless he or she was also mentally disordered or defective at the time he or she did or omitted to do anything that is an essential element of the crime charged. | The fact that a person is mentally disordered or defective at the time of his or her trial on a criminal charge shall not be a defence to the charge unless he or she was also mentally disordered or defective at the time he or she did or omitted to do anything that is an essential element of the crime charged. | ||
| − | 229 Application of Cap. 15:12 | + | |
| + | '''229 Application of Cap. 15:12''' | ||
| + | |||
Nothing in this Part shall affect the operation of the Mental Health Act [Chapter 15:12] (Act No. 15 of 1996) in relation to? | Nothing in this Part shall affect the operation of the Mental Health Act [Chapter 15:12] (Act No. 15 of 1996) in relation to? | ||
| − | + | ||
| − | + | (a) the procedure to be followed when persons being tried are found to be mentally disordered or defective or any verdict to be returned at any such trial; or | |
| − | PART VI | + | |
| − | MINORITY | + | (b) the detention, examination or treatment of persons found to be mentally disordered or defective. |
| − | 230 When child between seven and fourteen years may be held criminally liable | + | |
| + | '''PART VI''' | ||
| + | |||
| + | '''MINORITY''' | ||
| + | |||
| + | '''230 When child between seven and fourteen years may be held criminally liable''' | ||
| + | |||
(1) The presumption referred to in section seven as to the criminal incapacity of a child between the age of seven and below the age of fourteen years may be rebutted if, at the time of the commission of the crime for which such child is charged, the child was sufficiently mature? | (1) The presumption referred to in section seven as to the criminal incapacity of a child between the age of seven and below the age of fourteen years may be rebutted if, at the time of the commission of the crime for which such child is charged, the child was sufficiently mature? | ||
| − | + | ||
| − | + | (a) to understand that his or her conduct was unlawful or morally wrong; and | |
| + | |||
| + | (b) to be capable of conforming with the requirements of the law. | ||
| + | |||
(2) Subsection (1) shall apply to all crimes, whether or not any form of intention, knowledge, realisation or negligence is required for their commission. | (2) Subsection (1) shall apply to all crimes, whether or not any form of intention, knowledge, realisation or negligence is required for their commission. | ||
| + | |||
(3) In deciding, for the purposes of subsection (1), whether or not a child was sufficiently mature to have the understanding and capacity referred to in that subsection, a court shall take into account the following factors, in addition to any others that are relevant in the particular case? | (3) In deciding, for the purposes of subsection (1), whether or not a child was sufficiently mature to have the understanding and capacity referred to in that subsection, a court shall take into account the following factors, in addition to any others that are relevant in the particular case? | ||
| − | + | ||
| − | + | (a) the nature of the crime with which the child is charged; and | |
| − | + | ||
| − | + | (b) the child's general maturity and family background; and | |
| + | |||
| + | (c) the child's knowledge, education and experience; and | ||
| + | |||
| + | (d) the child's behaviour before, during and after the conduct which forms the subject of the charge. | ||
| + | |||
(4) Where a child who is of or over the age of seven years but under the age of fourteen years does or omits to do anything in the presence of an older person whom in all the circumstances the child would be expected to obey, it shall be presumed, in any criminal proceedings arising out of that conduct, that the child was acting under compulsion from that older person, unless the contrary is proved. | (4) Where a child who is of or over the age of seven years but under the age of fourteen years does or omits to do anything in the presence of an older person whom in all the circumstances the child would be expected to obey, it shall be presumed, in any criminal proceedings arising out of that conduct, that the child was acting under compulsion from that older person, unless the contrary is proved. | ||
| + | |||
(5) For the purposes of subsection (4), a child shall be deemed to be in the presence of an older person if the older person is so placed as to be able to control the child's conduct. | (5) For the purposes of subsection (4), a child shall be deemed to be in the presence of an older person if the older person is so placed as to be able to control the child's conduct. | ||
231 Attorney-General to authorise prosecutions of children under fourteen years | 231 Attorney-General to authorise prosecutions of children under fourteen years | ||
| + | |||
No proceedings in respect of any crime shall be instituted or continued against any person who is under the age of fourteen years, other than proceedings for the purposes of remand, without the authority of the Attorney-General. | No proceedings in respect of any crime shall be instituted or continued against any person who is under the age of fourteen years, other than proceedings for the purposes of remand, without the authority of the Attorney-General. | ||
| − | PART VII | + | |
| − | MISTAKE OR IGNORANCE OF FACT | + | '''PART VII''' |
| − | 232 Interpretation in Part VII of Chapter XIV | + | |
| + | '''MISTAKE OR IGNORANCE OF FACT''' | ||
| + | |||
| + | '''232 Interpretation in Part VII of Chapter XIV''' | ||
| + | |||
In this Part? | In this Part? | ||
| + | |||
"essential fact", in relation to a crime, means any fact or factual circumstance which relates to an essential element of the crime; | "essential fact", in relation to a crime, means any fact or factual circumstance which relates to an essential element of the crime; | ||
| + | |||
"ignorance", in relation to a fact, means complete lack of knowledge that the fact exists; | "ignorance", in relation to a fact, means complete lack of knowledge that the fact exists; | ||
| + | |||
"mistake", in relation to a fact, means an erroneous impression concerning that fact. | "mistake", in relation to a fact, means an erroneous impression concerning that fact. | ||
| − | 233 When mistake or ignorance of fact a defence to subjective crimes | + | |
| + | '''233 When mistake or ignorance of fact a defence to subjective crimes''' | ||
| + | |||
(1) If a person does or omits to do anything which would be an essential element of a crime if done or omitted, as the case may be, with any form of intention, knowledge or realisation, the person shall have a complete defence to a charge of committing that crime if, when he or she did or omitted to do the thing, he or she was genuinely mistaken or ignorant as to an essential fact of the crime concerned. | (1) If a person does or omits to do anything which would be an essential element of a crime if done or omitted, as the case may be, with any form of intention, knowledge or realisation, the person shall have a complete defence to a charge of committing that crime if, when he or she did or omitted to do the thing, he or she was genuinely mistaken or ignorant as to an essential fact of the crime concerned. | ||
| + | |||
(2) Subject to this Code and any other enactment, mistake or ignorance of an essential fact may be a defence to a crime referred to in subsection (1) even if it is not reasonable: | (2) Subject to this Code and any other enactment, mistake or ignorance of an essential fact may be a defence to a crime referred to in subsection (1) even if it is not reasonable: | ||
Provided that the reasonableness or unreasonableness of any mistake or ignorance may be taken into account in determining whether or not it is genuine. | Provided that the reasonableness or unreasonableness of any mistake or ignorance may be taken into account in determining whether or not it is genuine. | ||
| − | 234 When mistake or ignorance of fact a defence to objective crimes | + | |
| + | '''234 When mistake or ignorance of fact a defence to objective crimes''' | ||
| + | |||
If a person does or omits to do anything which would be an essential element of a crime if done or omitted, as the case may be, negligently, the person shall have a complete defence to a charge of committing that crime if? | If a person does or omits to do anything which would be an essential element of a crime if done or omitted, as the case may be, negligently, the person shall have a complete defence to a charge of committing that crime if? | ||
| − | + | ||
| − | + | (a) when he or she did or omitted to do the thing, he or she was genuinely mistaken or ignorant as to an essential fact of the crime concerned; and | |
| − | PART VIII | + | |
| − | MISTAKE OR IGNORANCE OF LAW | + | (b) the person's mistake or ignorance of that essential fact was reasonable in all the circumstances. |
| − | 235 Interpretation in Part VIII of Chapter XIV | + | |
| + | '''PART VIII''' | ||
| + | |||
| + | '''MISTAKE OR IGNORANCE OF LAW''' | ||
| + | |||
| + | '''235 Interpretation in Part VIII of Chapter XIV''' | ||
| + | |||
In this Part? | In this Part? | ||
| + | |||
"ignorance", in relation to a law, means complete lack of knowledge that the law exists; | "ignorance", in relation to a law, means complete lack of knowledge that the law exists; | ||
| + | |||
"law" means this Code or any other enactment; | "law" means this Code or any other enactment; | ||
| + | |||
"mistake", in relation to a law, means an erroneous impression as to the nature or contents of that law. | "mistake", in relation to a law, means an erroneous impression as to the nature or contents of that law. | ||
| − | 236 When mistake or ignorance of law a defence | + | |
| + | '''236 When mistake or ignorance of law a defence''' | ||
| + | |||
(1) Subject to this Part, if a person? | (1) Subject to this Part, if a person? | ||
| − | + | ||
| − | + | (a) does or omits to do anything which is an essential element of a crime in terms of any law; and | |
| + | |||
| + | (b) when he or she did or omitted to do the thing, he or she did not know that his or her conduct was unlawful because he or she was genuinely mistaken or ignorant as to the relevant provisions of the law; | ||
| + | |||
the person shall not have a complete defence to a charge of committing that crime unless the person's mistake or ignorance as to the relevant provisions of the law was directly brought about by advice given to him or her by an administrative or judicial officer whom he or she had reason to believe was charged with the administration of the law concerned and was familiar with its contents. | the person shall not have a complete defence to a charge of committing that crime unless the person's mistake or ignorance as to the relevant provisions of the law was directly brought about by advice given to him or her by an administrative or judicial officer whom he or she had reason to believe was charged with the administration of the law concerned and was familiar with its contents. | ||
| + | |||
(2) In any circumstances other than those affording a complete defence under subsection (1), genuine mistake or ignorance as to the relevant provisions of a law on the part of a person charged with a crime shall merely be a factor to be taken into account in the assessment of sentence. | (2) In any circumstances other than those affording a complete defence under subsection (1), genuine mistake or ignorance as to the relevant provisions of a law on the part of a person charged with a crime shall merely be a factor to be taken into account in the assessment of sentence. | ||
| − | 237 Claims of right and mistakes of mixed law and fact | + | |
| + | '''237 Claims of right and mistakes of mixed law and fact''' | ||
| + | |||
If in any criminal case a person charged with any crime against property raises a defence of claim of right, namely that the person believed he or she had a right to do or omit to do any thing, the court shall determine whether or not the belief arose from mistake or ignorance of fact or law and, if the court decides that the belief arose? | If in any criminal case a person charged with any crime against property raises a defence of claim of right, namely that the person believed he or she had a right to do or omit to do any thing, the court shall determine whether or not the belief arose from mistake or ignorance of fact or law and, if the court decides that the belief arose? | ||
| − | + | ||
| − | + | (a) solely from mistake or ignorance of law, the court shall regard the defence as one of mistake or ignorance of law in terms of this Part; or | |
| − | + | ||
| − | PART IX | + | (b) solely from mistake or ignorance of fact, the court shall regard the defence as one of mistake or ignorance of fact in terms of Part VII; or |
| − | PROVOCATION | + | |
| − | 238 Provocation in relation to crimes other than murder | + | (c) partly from mistake or ignorance of law and partly from mistake or ignorance of fact, the court shall regard the defence as one of mistake or ignorance of law in terms of this Part. |
| + | |||
| + | '''PART IX''' | ||
| + | |||
| + | '''PROVOCATION''' | ||
| + | |||
| + | '''238 Provocation in relation to crimes other than murder''' | ||
| + | |||
Except as provided in section two hundred and thirty-nine and subject to any other enactment, provocation shall not be a defence to a crime but the court may regard it as mitigatory when assessing the sentence to be imposed for the crime. | Except as provided in section two hundred and thirty-nine and subject to any other enactment, provocation shall not be a defence to a crime but the court may regard it as mitigatory when assessing the sentence to be imposed for the crime. | ||
| − | 239 When provocation a partial defence to murder | + | |
| + | '''239 When provocation a partial defence to murder''' | ||
| + | |||
(1) If, after being provoked, a person does or omits to do anything which would be an essential element of the crime of murder if done or omitted, as the case may be, with the intention or realisation referred to in section forty-seven, the person shall be guilty of culpable homicide if, as a result of the provocation? | (1) If, after being provoked, a person does or omits to do anything which would be an essential element of the crime of murder if done or omitted, as the case may be, with the intention or realisation referred to in section forty-seven, the person shall be guilty of culpable homicide if, as a result of the provocation? | ||
| − | + | ||
| − | + | (a) he or she does not have the intention or realisation referred to in section forty-seven; or | |
| + | |||
| + | (b) he or she has the intention or realisation referred to in section forty-seven but has completely lost his or her self-control, the provocation being sufficient to make a reasonable person in his or her position and circumstances lose his or her self-control. | ||
| + | |||
(2) For the avoidance of doubt it is declared that if a court finds that a person accused of murder was provoked but that? | (2) For the avoidance of doubt it is declared that if a court finds that a person accused of murder was provoked but that? | ||
| − | + | ||
| − | + | (a) he or she did have the intention or realisation referred to in section forty-seven; or | |
| + | |||
| + | (b) the provocation was not sufficient to make a reasonable person in the accused's position and circumstances lose his or her self-control; | ||
the accused shall not be entitled to a partial defence in terms of subsection (1) but the court may regard the provocation as mitigatory as provided in section two hundred and thirty-eight. | the accused shall not be entitled to a partial defence in terms of subsection (1) but the court may regard the provocation as mitigatory as provided in section two hundred and thirty-eight. | ||
| − | Division C: Defences and Mitigating Factors Relating to Unlawfulness | + | '''Division C: Defences and Mitigating Factors Relating to Unlawfulness''' |
| − | PART X | + | |
| − | AUTHORITY | + | '''PART X''' |
| − | 240 Public authority | + | |
| + | '''AUTHORITY''' | ||
| + | |||
| + | '''240 Public authority''' | ||
| + | |||
(1) Subject to this section, the fact that a person is authorised or permitted by an enactment to do or omit to do any thing shall be a complete defence to a charge alleging the commission of a crime of which that conduct is an essential element. | (1) Subject to this section, the fact that a person is authorised or permitted by an enactment to do or omit to do any thing shall be a complete defence to a charge alleging the commission of a crime of which that conduct is an essential element. | ||
| + | |||
(2) Subject to this section, the fact that a person did or omitted to do any thing as a duly authorised official, employee or agent of the State and in the proper exercise of that authority shall be a complete defence to a charge alleging the commission of a crime of which that conduct is an essential element. | (2) Subject to this section, the fact that a person did or omitted to do any thing as a duly authorised official, employee or agent of the State and in the proper exercise of that authority shall be a complete defence to a charge alleging the commission of a crime of which that conduct is an essential element. | ||
| + | |||
(3) A person shall not be entitled to rely on the defence referred to in? | (3) A person shall not be entitled to rely on the defence referred to in? | ||
| − | + | ||
| − | + | (a) subsection (1), unless his or her conduct was in all respects authorised or permitted by the enactment concerned; | |
| − | 241 Discipline of children | + | |
| + | (b) subsection (2), unless it was lawful for the State to give the authority concerned. | ||
| + | |||
| + | '''241 Discipline of children''' | ||
| + | |||
(1) In this section? | (1) In this section? | ||
| + | |||
"guardian" means a person, other than a school teacher in his or her capacity as such, who has the lawful custody, charge or care of a minor person, whether permanently or temporarily; | "guardian" means a person, other than a school teacher in his or her capacity as such, who has the lawful custody, charge or care of a minor person, whether permanently or temporarily; | ||
| + | |||
"minor", in relation to a person, means that the person is under the age of eighteen years; | "minor", in relation to a person, means that the person is under the age of eighteen years; | ||
| + | |||
"school" includes an educational institution of any kind; | "school" includes an educational institution of any kind; | ||
| + | |||
"school-teacher" means the head or deputy head of a school. | "school-teacher" means the head or deputy head of a school. | ||
| + | |||
(2) Subject to this section? | (2) Subject to this section? | ||
| − | + | ||
| − | + | (a) a parent or guardian shall have authority to administer moderate corporal punishment for disciplinary purposes upon his or her minor child or ward; | |
| + | |||
| + | (b) a school-teacher shall have authority to administer moderate corporal punishment for disciplinary purposes upon any minor male pupil or student; | ||
| + | |||
and, where moderate corporal punishment is administered upon a minor person by a parent, guardian or school-teacher within the scope of that authority, the authority shall be a complete defence to a criminal charge alleging the commission of a crime of which the administration of the punishment is an essential element. | and, where moderate corporal punishment is administered upon a minor person by a parent, guardian or school-teacher within the scope of that authority, the authority shall be a complete defence to a criminal charge alleging the commission of a crime of which the administration of the punishment is an essential element. | ||
| + | |||
(3) Subject to this section, any person who administers moderate corporal punishment upon a minor person under authority delegated to him or her by a parent, guardian or school-teacher shall have a complete defence to a criminal charge alleging the commission of a crime of which the administration of such punishment is an essential element, if it would have been lawful for the parent, guardian or school-teacher to have administered such punishment himself or herself. | (3) Subject to this section, any person who administers moderate corporal punishment upon a minor person under authority delegated to him or her by a parent, guardian or school-teacher shall have a complete defence to a criminal charge alleging the commission of a crime of which the administration of such punishment is an essential element, if it would have been lawful for the parent, guardian or school-teacher to have administered such punishment himself or herself. | ||
| + | |||
(4) No school-teacher or person acting under authority delegated to him or her by a school-teacher shall administer corporal punishment upon a female pupil or student. | (4) No school-teacher or person acting under authority delegated to him or her by a school-teacher shall administer corporal punishment upon a female pupil or student. | ||
| + | |||
(5) When administering corporal punishment upon a minor male pupil or student at his or her school, a school-teacher shall comply with any lawful rules, regulations or administrative instructions which apply to the administration of corporal punishment at his or her school. | (5) When administering corporal punishment upon a minor male pupil or student at his or her school, a school-teacher shall comply with any lawful rules, regulations or administrative instructions which apply to the administration of corporal punishment at his or her school. | ||
| + | |||
(6) In deciding whether or not any corporal punishment administered upon a minor person is moderate for the purposes of this section, a court shall take into account the following factors, in addition to any others that are relevant in the particular case? | (6) In deciding whether or not any corporal punishment administered upon a minor person is moderate for the purposes of this section, a court shall take into account the following factors, in addition to any others that are relevant in the particular case? | ||
| − | + | ||
| − | + | (a) the nature of the punishment and any instrument used to administer it; and | |
| − | + | ||
| − | + | (b) the degree of force with which the punishment was administered; and | |
| − | + | ||
| − | 242 Purported corporal punishment of spouses unlawful | + | (c) the reason for the administration of the punishment; and |
| + | |||
| + | (d) the age, physical condition and sex of the minor person upon whom it was administered; and | ||
| + | |||
| + | (e) any social attitudes towards the discipline of children which are prevalent in the community among whom the minor person was living when the punishment was administered upon the minor person. | ||
| + | |||
| + | '''242 Purported corporal punishment of spouses unlawful''' | ||
| + | |||
It shall not be lawful for a person to purport to administer corporal punishment upon his or her spouse, whatever the nature of their marriage and wherever their marriage may have been contracted. | It shall not be lawful for a person to purport to administer corporal punishment upon his or her spouse, whatever the nature of their marriage and wherever their marriage may have been contracted. | ||
| − | PART XI | + | |
| − | COMPULSION | + | '''PART XI''' |
| − | 243 Requirements for compulsion to be complete defence | + | |
| + | '''COMPULSION''' | ||
| + | |||
| + | '''243 Requirements for compulsion to be complete defence''' | ||
| + | |||
(1) Subject to this Part, the fact that a person accused of a crime was subjected to compulsion when the person did or omitted to do anything that is an essential element of the crime shall be a complete defence to the charge if? | (1) Subject to this Part, the fact that a person accused of a crime was subjected to compulsion when the person did or omitted to do anything that is an essential element of the crime shall be a complete defence to the charge if? | ||
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| − | + | (a) the compulsion consisted of a threat? | |
| − | + | ||
| − | + | (i) unlawfully to kill him or her or cause him or her serious bodily injury or to kill or cause serious bodily injury to some other person; or | |
| − | ( | + | |
| − | + | (ii) unlawfully to cause him or her financial or proprietary loss; | |
| − | + | ||
| − | + | and | |
| − | + | ||
| − | + | (b) he or she believed on reasonable grounds that implementation of the threat referred to in paragraph (a) had begun or was imminent; and | |
| − | + | ||
| − | + | (c) the threat referred to in paragraph (a) was not brought about through his or her own fault; and | |
| − | + | ||
| − | + | (d) he or she believed on reasonable grounds that he or she could not escape from or resist the threat referred to in paragraph (a) and that his or her conduct was necessary to avert the implementation of the threat; and | |
| − | + | ||
| − | + | (e) by his or her conduct he or she did no more harm than was reasonably necessary to avert the implementation of the threat referred to in paragraph (a), and no more harm than was unlawfully threatened. | |
| − | + | ||
| − | + | (2) Where a person voluntarily associates himself or herself with one or more other persons knowing or realising that there is a real risk or possibility that they will involve him or her in the commission of a crime, any threat made against him or her by one or more of those other persons for the purpose of inducing him or her to commit a crime shall be deemed, for the purpose of paragraph (c) of subsection (1), to have been brought about through his or her own fault. | |
| − | + | ||
| − | + | '''244 Additional requirements for compulsion to be complete defence to murder''' | |
| − | + | ||
| − | + | (1) Subject to subsection (3), the fact that a person accused of murder was subjected to compulsion when he or she did or omitted to do anything that is an essential element of the crime shall not be a complete defence to the charge unless the following requirements are satisfied in addition to those specified in paragraphs (b), (c) and (d) of subsection (1) of section two hundred and forty-three? | |
| − | + | ||
| − | + | (a) the compulsion took the form of a threat unlawfully to kill the accused or some other person immediately if the accused did not kill or assist in killing the deceased; and | |
| − | + | ||
| − | + | (b) the accused could not escape from or resist the threat referred to in paragraph (a); and | |
| − | ( | + | |
| − | + | (c) the accused had no warning of the threat referred to in paragraph (a) to enable him or her to forestall it, whether by reporting the matter to the police or by other means. | |
| − | + | ||
| − | (2) | + | (2) If the requirements referred to or specified in subsection (1) are satisfied, the defence of compulsion shall be a complete defence to a charge of murder, whether the accused is charged as an actual perpetrator or as an accomplice. |
| − | + | ||
| − | + | '''PART XII''' | |
| − | + | ||
| − | + | '''CONSENT''' | |
| − | + | ||
| − | + | '''245 Requirements for consent to be complete defence''' | |
| − | ( | + | |
| − | + | (1) Subject to this Part, where a person consents to any conduct which is likely to cause harm to his or her person, proprietary rights or other interests, his or her consent shall be a complete defence to a charge against any other person alleging the commission of a crime of which that conduct forms an essential element, if? | |
| − | + | ||
| − | + | (a) the interests of the community as a whole are not adversely affected by the conduct to any substantial degree; and | |
| − | ( | + | |
| − | + | (b) the consent is given prior to the conduct, not as ratification afterwards; and | |
| − | + | ||
| − | + | (c) the person who gives the consent is? | |
| − | + | ||
| − | ( | + | (i) capable in law of giving such consent; and |
| − | + | ||
| − | + | (ii) able to understand the nature and possible consequences of the conduct and to give informed consent thereto; | |
| − | + | ||
| − | + | and | |
| − | + | ||
| − | + | (d) the consent is real and is not induced by threat, force, fraud or mistake intentionally or knowingly induced by the person charged with the crime; and | |
| − | + | ||
| − | ( | + | (e) the giving of the consent is not contrary to any law or to public policy. |
| − | + | ||
| − | + | (2) Where a person is charged with rape, aggravated indecent assault, indecent assault or any other crime constituted by the absence of consent by another person to any conduct, the fact that the other person consented to the conduct shall be a complete defence to a charge alleging the commission of that crime if? | |
| − | + | ||
| − | + | (a) the consent is given prior to the conduct, not as ratification afterwards; and | |
| − | (1) | + | |
| − | + | (b) the person who gives the consent is? | |
| − | ( | + | |
| − | + | (i) capable in law of giving such consent; and | |
| − | + | ||
| − | + | (ii) able to understand the nature and possible consequences of the conduct and to give informed consent thereto; | |
| − | + | ||
| − | + | and | |
| − | + | ||
| − | + | (c) the consent is real and is not induced by threats, force, fraud or mistake intentionally or knowingly induced by the person charged with the crime. | |
| − | + | ||
| − | + | '''246 When consent no defence''' | |
| − | + | ||
| − | + | It shall not be lawful for any person to consent to? | |
| − | + | ||
| − | + | (a) being killed; or | |
| − | + | ||
| − | + | (b) subject to this Part, the infliction of serious bodily injury upon himself or herself; | |
| − | + | ||
| − | + | and such consent shall not be a defence to any criminal charge arising out of such killing or the infliction of such injury. | |
| − | + | ||
| − | + | '''247 Consent to medical treatment for therapeutic purposes''' | |
| − | + | ||
| − | + | (1) In this section? | |
| − | + | ||
| − | + | "patient" means a person to whom medical treatment is given or upon whom a medical operation is performed; | |
| − | + | ||
| − | + | "qualified person", in relation to any medical treatment or operation, means a person who, by virtue of his or her qualifications or training, is in all the circumstances qualified to give the medical treatment or perform the medical operation. | |
| − | + | ||
| − | + | (2) Where, in order to cure or alleviate any disease or disability from which a patient suffers or is likely to suffer, a qualified person gives any medical treatment to or performs any medical operation upon a patient? | |
| − | + | ||
| − | + | (a) with the consent of the patient; or | |
| − | + | ||
| − | + | (b) if the patient is incapable of giving consent, with the consent of the patient's parent, guardian, spouse or any other person capable in law of giving consent on behalf of the patient; or | |
| − | + | ||
| − | + | (c) in the case of a minor to whom section 76 of the Children's Act [Chapter 5:06] applies, with authority given in terms of that section; | |
| − | + | ||
| − | + | such consent or authority shall be a complete defence to a charge of murder or assault arising out of that treatment or operation if? | |
| − | + | ||
| − | + | (i) the consent complies with paragraphs (b), (c) and (d) of subsection (1) of section two hundred and forty-five; and | |
| − | + | ||
| − | + | (ii) the treatment or operation is carried out competently in accordance with recognised medical procedures. | |
| − | + | ||
| − | + | (3) If a qualified person believes on reasonable grounds that? | |
| − | + | ||
| − | + | (a) a patient urgently requires medical treatment or a medical operation to cure or alleviate any disease or disability from which the patient is suffering or is reasonably suspected of suffering; | |
| − | + | ||
| − | + | and | |
| − | + | ||
| − | + | (b) it is not practicable in the circumstances to obtain the consent or authority required by or referred to in subsection (2); | |
| − | + | ||
| − | + | he or she may give the treatment or perform the operation, as the case may be, without having obtained such consent or authority. | |
| − | + | ||
| − | + | (4) The fact that a qualified person gave treatment or performed an operation in terms of subsection (3) shall be a complete defence to a charge of murder or assault arising out of that treatment or operation if the treatment or operation is carried out competently in accordance with recognised medical procedures. | |
| − | + | ||
| − | + | '''248 Consent to medical treatment for non-therapeutic purposes''' | |
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(1) In this section? | (1) In this section? | ||
| − | " | + | |
| − | " | + | "patient" means a person to whom medical treatment is given or upon whom a medical operation is performed; |
| − | + | ||
| − | + | "qualified person", in relation to any medical treatment or operation, means a person who, by virtue of his or her qualifications or training, is in all the circumstances qualified to give the medical treatment or perform the medical operation. | |
| − | + | ||
| − | ( | + | (2) Where a qualified person, with the consent of the patient concerned, gives any medical treatment to or performs any medical operation upon a patient? |
| − | + | ||
| − | + | (a) otherwise than to cure or alleviate any disease or disability; or | |
| − | in the | + | |
| − | ( | + | (b) in order to sterilise the patient; |
| − | + | ||
| − | ( | + | such consent or authority shall be a complete defence to a charge of murder or assault arising out of that treatment or operation if? |
| − | + | ||
| − | + | (i) the consent complies with paragraphs (b), (c) and (d) of subsection (1) of section two hundred and forty-five; and | |
| − | + | ||
| − | + | (ii) the treatment or operation is carried out competently in accordance with recognised medical procedures; and | |
| − | + | ||
| − | + | (iii) in a case where the treatment consists of the administration of any new, untried or experimental drug, medicine or allied substance, such treatment is conducted pursuant to and in accordance with the procedures prescribed for the clinical trial of a medicine under the Part III of the Medicines and Allied Substances Control Act [Chapter 15:03].". | |
| − | + | ||
| − | + | '''249 Consent to sporting injuries''' | |
| − | + | ||
| + | (1) A person who takes part in any lawful sporting activity shall be deemed to have consented to undergo the risk of sustaining any injury or destruction or loss of property which is normally inherent in participation in such sporting activity. | ||
| + | |||
| + | (2) Consent referred to in subsection (1) shall not be a defence to any crime where? | ||
| + | |||
| + | (a) the accused inflicted the injury, destruction or loss which forms the subject of the charge deliberately and in contravention of the rules of the sporting activity concerned; and | ||
| + | |||
| + | (b) the injury, destruction or loss which forms the subject of the charge does not fall within the risks normally inherent in participation in the sporting activity concerned. | ||
| + | |||
| + | '''250 Consent to injuries from customary or religious practices''' | ||
| + | |||
(1) In this section? | (1) In this section? | ||
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| − | + | "slight bodily injury" includes the circumcision of a male person but does not include the practice of genital mutilation of a female person commonly known as "female circumcision". | |
| − | + | ||
| − | + | (2) Consent by a person to slight bodily injury inflicted? | |
| − | + | ||
| − | + | (a) in accordance with the customs or traditional practices of the community to which the person belongs; and | |
| − | + | ||
| − | + | (b) for the purposes of or in accordance with the practice of his or her religion or custom; | |
| − | + | ||
| − | + | shall be a complete defence to a charge alleging the commission of a crime constituted by the infliction of such injury. | |
| − | + | ||
| − | + | '''251 Consent given on behalf of other persons''' | |
| − | + | ||
| − | + | Subject to this Part, where a person is incapable in law of giving consent to anything, whether because of minority, unconsciousness, insanity or otherwise, consent given by the person's parent, guardian, spouse or any other person capable in law of giving consent on his or her behalf shall be as effective as if the consent had been given by the person himself or herself. | |
| − | + | ||
| − | + | '''PART XIII''' | |
| − | + | ||
| − | + | '''DEFENCE OF PERSON''' | |
| − | + | ||
| − | + | '''252 Interpretation in Part XIII of Chapter XIV''' | |
| − | + | ||
| − | + | In this section? | |
| − | + | ||
| − | + | "unlawful attack" means any unlawful conduct which endangers a person's life, bodily integrity or freedom. | |
| − | + | ||
| − | + | '''253 Requirements for defence of person to be complete defence''' | |
| − | + | ||
| − | + | (1) Subject to this Part, the fact that a person accused of a crime was defending himself or herself or another person against an unlawful attack when he or she did or omitted to do anything which is an essential element of the crime shall be a complete defence to the charge if? | |
| − | + | ||
| − | + | (a) when he or she did or omitted to do the thing, he or she believed on reasonable grounds that the unlawful attack had commenced or was imminent; and | |
| − | + | ||
| − | + | (b) he or she believed on reasonable grounds that that his or her conduct was necessary to avert the unlawful attack and that he or she could not otherwise escape from or avert the attack; and | |
| − | + | ||
| − | + | (c) the means he or she used to avert the unlawful attack were reasonable in all the circumstances; and | |
| − | + | ||
| − | + | (d) any harm or injury caused by his or her conduct? | |
| − | + | ||
| − | + | (i) was caused to the attacker and not to any innocent third party; and | |
| − | + | ||
| − | + | (ii) was not grossly disproportionate to that liable to be caused by the unlawful attack. | |
| − | + | ||
| − | + | (2) In determining whether or not the requirements specified in subsection (1) have been satisfied in any case, a court shall take due account of the circumstances in which the accused found himself or herself, including any knowledge or capability he or she may have had and any stress or fear that may have been operating on his or her mind. | |
| − | + | ||
| − | + | '''254 When defence of person partial defence to murder''' | |
| − | + | ||
| − | + | If a person accused of murder was defending himself or herself or another person against an unlawful attack when he or she did or omitted to do anything that is an essential element of the crime, he or she shall be guilty of culpable homicide if all the requirements for defence of person specified in section two hundred and fifty-three are satisfied in the case except that the means he or she used to avert the unlawful attack were not reasonable in all the circumstances. | |
| − | + | ||
| − | + | '''255 Mistaken belief in relation to defence of person''' | |
| − | + | ||
| − | + | If a person genuinely and on reasonable grounds, but mistakenly, believes that he or she is defending himself or herself or another person against an unlawful attack, he or she shall be entitled to a complete or partial defence in terms of this Part to any criminal charge in all respects as if his or her belief were in fact correct. | |
| − | + | ||
| − | + | '''PART XIV''' | |
| − | + | ||
| − | + | '''DEFENCE OF PROPERTY''' | |
| − | + | ||
| − | + | '''256 Interpretation in Part XIV of Chapter XIV''' | |
| − | + | ||
| − | + | In this Part? | |
| − | + | ||
| − | + | "property" includes property of any description and any interest or right therein; | |
| − | + | ||
| − | + | "unlawful attack" means any unlawful conduct which endangers or infringes a person's property. | |
| − | + | ||
| − | + | '''257 Requirements for defence of property to be complete defence''' | |
| − | + | ||
| − | + | (1) Subject to this Part, the fact that a person accused of a crime was defending his or her or another person's property against an unlawful attack when he or she did or omitted to do anything which is an essential element of the crime shall be a complete defence to the charge if? | |
| − | + | ||
| − | + | (a) when he or she did or omitted to do the thing, the unlawful attack had commenced or was imminent; and | |
| − | + | ||
| − | + | (b) his or her conduct was necessary to avert the unlawful attack; and | |
| − | + | ||
| − | + | (c) the means he or she used to avert the unlawful attack were reasonable in all the circumstances; and | |
| − | + | ||
| − | + | (d) any harm or injury caused by his or her conduct? | |
| − | + | ||
| − | + | (i) was caused to the attacker and not to any innocent third party; and | |
| − | + | ||
| − | + | (ii) was not grossly disproportionate to that liable to be caused by the unlawful attack. | |
| − | + | ||
| − | + | (2) In determining whether or not the requirements specified in subsection (1) have been satisfied in any case, a court shall take due account of the circumstances in which the accused found himself or herself, including any knowledge or capability he or she may have had and any stress or fear that may have been operating on his or her mind. | |
| − | + | ||
| − | + | (3) In determining whether or not any means used by a person to avert an unlawful attack were reasonable, or whether or not any harm or injury caused to an attacker was proportionate to that liable to be caused by an unlawful attack, a court shall have regard to the nature of the property which the person was trying to protect and its value to him or her. | |
| − | + | ||
| − | + | '''258 Killing in defence of property''' | |
| − | + | ||
| − | + | A person accused of a crime involving the killing of another person shall not be entitled to rely upon a defence in terms of this Part unless? | |
| − | + | ||
| − | + | (a) the accused resorted to killing after taking all other possible steps to protect the property concerned; and | |
| − | + | ||
| − | + | (b) the property concerned could not have been defended by any means except by killing; and | |
| − | + | ||
| − | + | (c) the property concerned was of vital importance to the accused; and | |
| − | + | ||
| − | + | (d) the accused believed on reasonable grounds that he or she would not receive adequate compensation for any destruction, damage or injury caused to the property concerned by the unlawful attack. | |
| − | + | ||
| − | + | '''259 When defence of property partial defence to murder''' | |
| − | + | ||
| − | + | If a person accused of murder was defending his or her or another person's property against an unlawful attack when he or she did or omitted to do anything that is an essential element of the crime, he or she shall be guilty of culpable homicide if all the requirements specified in sections two hundred and fifty-seven and two hundred and fifty-eight are satisfied in the case except that the means he or she used to avert the unlawful attack were not reasonable in all the circumstances. | |
| − | + | ||
| − | + | '''PART XV''' | |
| − | + | ||
| − | + | '''ENTRAPMENT''' | |
| − | + | ||
| − | + | '''260 Entrapment no defence to crimes''' | |
| − | + | ||
| − | + | It shall not be a defence to a crime that the accused was trapped into committing the crime concerned, that is to say that the police or other authority or person, by using any inducement or encouragement, caused the accused to commit it for the purpose of obtaining evidence of its commission, but a court may, where it considers that unfair or undesirable entrapment methods were used by the police or other authority or person, take the manner of such entrapment into account as a factor in mitigation of sentence. | |
| − | + | ||
| − | + | '''PART XVI''' | |
| − | + | ||
| − | + | '''IMPOSSIBILITY''' | |
| − | + | ||
| − | + | '''261 Requirements for impossibility to be complete defence''' | |
| − | + | ||
| − | + | (1) Where a person is accused of a crime of which an essential element consists of a failure, omission or refusal to do anything, the fact that it was physically impossible for the accused to do that thing shall be a complete defence to the charge if? | |
| − | + | ||
| − | + | (a) the impossibility was absolute, that is to say, if it was objectively impossible for anyone in the accused's position to have done that thing; and | |
| − | + | ||
| − | + | (b) the impossibility was not due to the accused's own fault. | |
| − | + | ||
| − | + | (2) For the purposes of subsection (1), the fact that it is extremely difficult for a person to do a thing shall not constitute impossibility. | |
| − | + | ||
| − | + | (3) This section shall not prevent a court, when imposing sentence upon a convicted person, from taking due account of any difficulty experienced by him or her in complying with a law. | |
| − | + | ||
| − | + | '''PART XVII''' | |
| − | + | ||
| − | + | '''NECESSITY''' | |
| − | + | ||
| − | + | '''262 Application of Part XVII of Chapter XIV''' | |
| − | + | ||
| − | + | This Part shall not apply to cases where the harm sought to be avoided consisted of a threat which could give rise to a defence of compulsion in terms of Part XI. | |
| − | + | ||
| − | + | '''263 Requirements for necessity to be complete defence''' | |
| − | + | ||
| − | + | (1) Subject to this Part, the fact that it was necessary for a person accused of a crime to do or omit to do anything that is an essential element of the crime in order to avoid harm to himself or herself or to another person shall be a complete defence to the charge if? | |
| − | + | ||
| − | + | (a) the harm which he or she sought to avoid would have resulted in? | |
| − | + | ||
| − | + | (i) death or serious bodily injury to himself or herself or to another person; or | |
| − | + | ||
| − | + | (ii) considerable financial or proprietary loss to himself or herself; | |
| − | + | ||
| − | + | and | |
| − | + | ||
| − | + | (b) he or she believed on reasonable grounds that the harm referred to in paragraph (a) had started to occur or was imminent; and | |
| − | + | ||
| − | + | (c) the harm referred to in paragraph (a) did not arise through his or her own fault; and | |
| − | + | ||
| − | + | (d) he or she believed on reasonable grounds that his or her conduct was necessary to avoid the harm referred to in paragraph (a) and that there was no other feasible way of avoiding it; and | |
| − | + | ||
| − | + | (e) by his or her conduct he or she did no more harm than was reasonably necessary to avoid the harm referred to in paragraph (a), and the harm he or she did was not disproportionate to the harm referred to in paragraph (a). | |
| − | + | ||
| − | + | (2) In determining whether harm would cause considerable financial or proprietary loss to a person for the purposes of subparagraph (ii) of paragraph (a) of subsection (1), a court shall have regard to the financial or proprietary resources of the person concerned. | |
| − | + | ||
| − | + | '''264 Additional requirements for necessity to be complete defence to murder''' | |
| − | + | ||
| − | + | (1) Subject to subsection (2), the fact that it was necessary for a person accused of murder to do or omit to do anything that is an essential element of the crime in order to avoid harm to himself or herself or to another person shall not be a complete defence to the charge unless the following requirements are satisfied in addition to those specified in paragraphs (b), (c) and (d) of subsection (1) of section two hundred and sixty-three? | |
| − | + | ||
| − | + | (a) the harm which he or she sought to avoid would have resulted in his or her death or in the death of his or her spouse, parent or child; and | |
| − | + | ||
| − | + | (b) his or her conduct was necessary to avoid the harm referred to in paragraph (a) and there was no other feasible way of avoiding it; and | |
| − | + | ||
| − | + | (c) he or she had no warning of the harm referred to in paragraph (a) to enable him or her to forestall it by other means. | |
| − | + | ||
| − | + | (2) If the requirements referred to or specified in subsection (1) are satisfied, the defence of necessity shall be a complete defence to a charge of murder, whether the accused is charged as an actual perpetrator or as an accomplice. | |
| − | + | ||
| − | + | '''265 When necessity partial defence to murder''' | |
| − | + | ||
| − | + | If it was necessary for a person accused of murder to do or omit to do anything that is an essential element of the crime in order to avoid harm to himself or herself or to another person, he or she shall guilty of culpable homicide if all the requirements for the defence of necessity are satisfied in the case except that by his or her conduct he or she did more harm than was reasonably necessary to avoid the harm he or she sought to avoid. | |
| − | + | ||
| − | + | '''266 Necessity in relation to other crimes''' | |
| − | shall be | + | |
| + | In relation to all cases other than those specified in this Part, necessity shall not be a defence but shall merely be a factor to be taken into account in the assessment of sentence. | ||
| + | |||
| + | '''PART XVIII''' | ||
| + | |||
| + | '''OBEDIENCE TO ORDERS''' | ||
| + | |||
| + | '''267 Interpretation in Part XVIII of Chapter XIV''' | ||
| − | + | In this Part? | |
| − | + | ||
| − | + | "active operations" means? | |
| − | + | ||
| − | (b) | + | (a) active service during any war in which Zimbabwe is engaged; or |
| − | (c) | + | |
| − | (d) | + | (b) counterinsurgency operations; or |
| − | ( | + | |
| − | ( | + | (c) the suppression of a riot or public disturbance or public violence; or |
| − | + | ||
| − | + | (d) the prevention of a disturbance within or escape from a prison; | |
| − | + | ||
| − | + | "disciplined force" means? | |
| − | + | ||
| − | ( | + | (a) the Defence Forces; or |
| − | + | ||
| − | + | (b) the Police Force; or | |
| − | + | ||
| − | + | (c) the Prison Service; or | |
| − | + | ||
| − | + | (d) any other force organised by the State which has as its sole or main object the preservation of public security and of law and order in Zimbabwe; | |
| − | + | ||
| − | + | "lawful order" means any command, direction or order? | |
| − | + | ||
| − | + | (a) of a routine, permanent or continuing nature that is properly made for any disciplined force by or under any enactment or in terms of any authority given by or under any enactment; or | |
| − | (b) | + | |
| − | + | (b) given on a particular occasion or for a particular purpose by a member of rank of a disciplined force within the ordinary and lawful scope of that member's authority; | |
| − | + | ||
| − | + | "member", in relation to a disciplined force, includes a person who is assisting members of the disciplined force, whether voluntarily or otherwise and whether or not he or she is remunerated for his or her services, and who is subject to orders given by other members of the disciplined force; | |
| − | (b) | + | |
| − | ( | + | "member of rank", in relation to a disciplined force, means a member in lawful authority over any other member. |
| − | ( | + | |
| − | + | '''268 Requirements for obedience to lawful orders to be complete defence''' | |
| − | ( | + | |
| − | ( | + | The fact that a person charged with a crime was obeying a lawful order when the person did or omitted to do anything that is an essential element of the crime shall be a complete defence to the charge if? |
| − | + | ||
| − | + | (a) when he or she did or omitted to do the thing he or she was a member of a disciplined force; and | |
| − | ( | + | |
| − | + | (b) the order was given to him or her by a member of rank of a disciplined force, whether or not that person was a member of the same disciplined force. | |
| − | (b) | + | |
| − | + | '''269 When obedience to illegal orders affords complete defence''' | |
| − | + | ||
| − | ( | + | (1) Subject to this section, the fact that a person charged with a crime was obeying an illegal order when the person did or omitted to do anything that is an essential element of the crime shall not be a complete defence to the charge unless the following requirements are satisfied in addition to those specified in paragraphs (a) and (b) of section two hundred and sixty-eight? |
| − | + | ||
| − | ( | + | (a) when he or she did or omitted to do the thing he or she was a member of a disciplined force engaged on active operations; and |
| − | + | ||
| − | + | (b) he or she would have been liable, or believed on reasonable grounds that he or she would have been liable, to disciplinary action if he or she had refused to obey the order; and | |
| − | + | ||
| − | + | (c) the order was not so manifestly illegal that a reasonable person in his or her position would have refused to obey it; and | |
| − | + | ||
| − | + | (d) his or her conduct was no more than was necessary to carry out the order. | |
| − | (b) | + | |
| − | (c) | + | (2) If the requirements specified in subsection (1) are satisfied, a person shall be entitled to a complete defence to a charge even if he or she realised that the order concerned was illegal. |
| − | + | ||
| − | + | '''PART XIX''' | |
| − | + | ||
| − | + | '''TRIVIALITIES''' | |
| − | + | ||
| − | (b) | + | '''270 Person charged with trivial crime entitled to acquittal''' |
| − | + | ||
| − | + | (1) Subject to this section, a person charged with a crime shall be entitled to be acquitted of the charge if the conduct constituting the crime is of a trivial nature. | |
| − | (b) | + | |
| − | + | (2) In deciding whether a crime is of a sufficiently trivial nature to justify the acquittal of the person charged in terms of subsection (1), a court shall take into account the following factors in addition to any others that are relevant to the particular case? | |
| − | + | ||
| − | + | (a) the extent of any harm done by the commission of the crime to any person or to the community as a whole; and | |
| − | + | ||
| − | + | (b) the extent to which it appears, from the enactment which created the crime, that the lawmaker wished to prohibit conduct such as that perpetrated by the accused; and | |
| − | + | ||
| − | + | (c) whether or not an acquittal will encourage other persons to commit the crime concerned. | |
| − | + | ||
| − | + | (3) Where a crime is by its nature trivial, that is, where the conduct prohibited by the enactment concerned does little harm either to individual persons or to the community as a whole, a court shall not acquit a person charged with such a crime in terms of this section unless the conduct of the person charged is of a trivial nature in relation to the most serious conduct prohibited by the particular provision of the enactment concerned. | |
| − | + | ||
| − | + | '''PART XX''' | |
| − | (b) | + | |
| − | (c) | + | '''UNAVOIDABLE ACCIDENT''' |
| − | + | ||
| − | ( | + | '''271 Interpretation in Part XX of Chapter XIV''' |
| − | + | ||
| − | + | In this Part? | |
| − | + | ||
| − | + | "unavoidable accident" means a circumstance or event such as? | |
| − | (b) | + | |
| − | ( | + | (a) a heart attack or epileptic blackout suffered whilst driving a motor vehicle by a person who has not previously suffered from one and who has no reason to suppose that he or she might do so; |
| − | + | ||
| − | (b) | + | (b) a swarm of bees flying into a moving motor vehicle and stinging the driver; |
| − | + | ||
| − | ( | + | (c) a stone thrown up by a passing vehicle and striking and stunning the driver of a moving motor vehicle; |
| − | + | ||
| − | (b) | + | the occurrence of which is so unlikely that a reasonable person, if in the position of the person whose conduct is under consideration, would not take steps to guard against it. |
| − | + | ||
| − | + | '''272 Requirements for unavoidable accident to be complete defence''' | |
| − | + | ||
| − | + | Subject to this section, the fact that a person charged with a crime did or omitted to do anything that is an essential element of the crime as a result of an unavoidable accident shall be a complete defence to the charge if? | |
| − | + | ||
| − | + | (a) the unavoidable accident did not occur through his or her own fault; and | |
| − | + | ||
| − | + | (b) a reasonable person, faced with the same unavoidable accident in the same circumstances, would not have been able to avoid the same conduct as would have constituted the crime. | |
| − | + | ||
| − | + | == CHAPTER XV == | |
| − | + | ||
| − | + | ===PERMISSIBLE VERDICTS=== | |
| − | + | ||
| − | ( | + | '''273 Persons charged with crime may be found guilty of unfinalised crime or assisting perpetrator of crime''' |
| − | + | ||
| − | + | A person charged with any crime may be found guilty of- | |
| − | + | ||
| − | + | (a) threatening, incitement, conspiracy or attempting to commit that crime or any other crime of which the person might be convicted on the charge; or | |
| − | + | ||
| − | + | (b) assisting a perpetrator of that crime or of any other crime of which the person might be convicted on the charge; | |
| − | + | ||
| − | + | if such are the facts proved. | |
| − | + | ||
| − | + | '''274 Conviction for crime other than that charged''' | |
| − | ( | + | |
| − | + | Where a person is charged with a crime the essential elements of which include the essential elements of some other crime, he or she may be found guilty of such other crime, if such are the facts proved and if it is not proved that he or she committed the crime charged. | |
| − | + | ||
| − | ( | + | '''275 Verdicts permissible on particular charges''' |
| − | ( | + | |
| − | + | Without limiting section two hundred and seventy-three or two hundred and seventy-four, a person charged with? | |
| − | ( | + | |
| − | + | (a) a crime specified in the first column of the Fourth Schedule; or | |
| − | ( | + | |
| − | + | (b) threatening, incitement, conspiracy or attempting to commit such a crime; or | |
| − | ( | + | |
| − | + | (c) assisting a perpetrator of such a crime; | |
| − | + | ||
| − | + | may be found guilty of? | |
| − | + | ||
| − | + | (i) a crime specified opposite thereto in the second column of the Fourth Schedule; or | |
| − | + | ||
| − | ( | + | (ii) threatening, incitement, conspiracy or attempting to commit such a crime; or |
| − | + | ||
| − | (b) | + | (iii) assisting a perpetrator of such a crime; |
| − | + | ||
| − | + | if such are the facts proved. | |
| − | ( | + | |
| − | + | '''276 Sentence imposable where person found guilty on competent verdict''' | |
| − | + | ||
| − | ( | + | Where a person charged with a crime is found guilty of another crime in terms of this Chapter, the sentence imposed upon that person shall not exceed the maximum sentence applicable to the crime of which he or she is convicted. |
| − | + | ||
| − | + | == CHAPTER XVI == | |
| − | + | ||
| − | + | ===GENERAL=== | |
| − | + | ||
| − | ( | + | '''277 Criminal liability of corporations and associations and their members, employees and agents''' |
| − | + | ||
| − | (b) | + | (1) In this section? |
| − | + | ||
| − | + | "authorised person" means a person referred to in paragraph (b) of subsection (2) or paragraph (b) of subsection (4); | |
| − | ( | + | |
| − | ( | + | "director", in relation to a corporate body, means a person who? |
| − | ( | + | |
| − | + | (a) controls or governs that corporate body, whether lawfully or otherwise; or | |
| − | + | ||
| − | ( | + | (b) is a member of a body or group of persons which controls or governs that corporate body, whether lawfully or otherwise; or |
| − | + | ||
| − | + | (c) where there is no body or group such as is referred to in paragraph (b), who is a member of the corporate body. | |
| − | ( | + | |
| − | + | (2) For the purposes of imposing criminal liability upon a corporate body, any conduct on the part of? | |
| − | + | ||
| − | + | (a) a director or employee of the corporate body; or | |
| − | + | ||
| − | + | (b) any person acting on instructions or with permission, express or implied, given by a director or employee of the corporate body; | |
| − | ( | + | |
| − | + | in the exercise of his or her power or in the performance of his or her duties as such a director, employee or authorised person, or in furthering or endeavouring to further the interests of the corporate body, shall be deemed to have been the conduct of the corporate body, and if the conduct was accompanied by any intention on the part of the director, employee or authorised person, that intention shall be deemed to have been the intention of the corporate body. | |
| − | (b) | + | |
| − | (c) | + | (3) Where there has been any conduct which constitutes a crime for which a corporate body is or was liable to prosecution, that conduct shall be deemed to have been the conduct of every person who at the time was a director or employee of the corporate body, and if the conduct was accompanied by any intention on the part of the person responsible for it, that intention shall be deemed to have been the intention of every other person who at the time was a director or employee of the corporate body: |
| − | ( | + | |
| − | + | Provided that, if it is proved that a director or employee of the corporate body took no part in the conduct, this subsection shall not apply to him or her. | |
| − | + | ||
| − | + | (4) For the purposes of imposing criminal liability upon members and employees of an association of persons which is not a corporate body, any conduct on the part of? | |
| − | + | ||
| − | + | (a) a member or employee of the association; or | |
| − | + | ||
| − | + | (b) any person acting on instructions or with permission, express or implied, given by a member or employee of the association; | |
| − | + | ||
| − | + | in the exercise of his or her power or in the performance of his or her duties as such a member, employee or authorised person, or in furthering or endeavouring to further the interests of the association, shall be deemed to have been the conduct of every other person who at the time was a member or employee of the association, and if the conduct was accompanied by any intention on the part of the member, employee or authorised person, that intention shall be deemed to have been the intention of every other person who at the time was a member or employee of the association: | |
| − | + | ||
| − | + | Provided that? | |
| − | + | ||
| − | + | (i) if it is proved that a member or employee of the association took no part in the conduct, this subsection shall not apply to him or her; | |
| − | + | ||
| − | + | (ii) if the association is controlled or governed by a committee or other similar governing body, this subsection shall not apply so as to render criminally liable any person who was not at the time of the conduct a member of that committee or other body. | |
| − | + | ||
| − | + | (5) A person who is criminally liable for any conduct in terms of subsection (3) or (4) shall be liable to be prosecuted and punished personally for the crime concerned. | |
| − | + | ||
| − | + | (6) This section shall not limit any other law which imposes criminal liability upon corporate bodies and associations and their directors, employees and members. | |
| − | + | ||
| − | + | '''278 Relation of criminal to civil or disciplinary proceedings''' | |
| − | + | ||
| − | + | (1) In this section? | |
| − | + | ||
| − | + | "disciplinary proceedings" means any proceedings for misconduct or breach of discipline against a public officer or member of a disciplined force or a statutory professional body, or against any other person for the discipline of whom provision is made by or under any enactment; | |
| − | + | ||
| − | + | "disciplined force" means? | |
| − | + | ||
| − | + | (a) the Defence Forces; or | |
| − | + | ||
| − | + | (b) the Police Force; or | |
| − | + | ||
| − | + | (c) the Prison Service; or | |
| − | + | ||
| − | + | (d) any other force organised by the State which has as its sole or main object the preservation of public security and of law and order in Zimbabwe; | |
| − | + | ||
| − | + | "public officer" has the meaning given to that term in section one hundred and sixty-nine. | |
| − | + | ||
| − | + | (2) A conviction or acquittal in respect of any crime shall not bar civil or disciplinary proceedings in relation to any conduct constituting the crime at the instance of any person who has suffered loss or injury in consequence of the conduct or at the instance of the relevant disciplinary authority, as the case may be. | |
| − | + | ||
| − | + | (3) Civil or disciplinary proceedings in relation to any conduct that constitutes a crime may, without prejudice to the prosecution of any criminal proceedings in respect of the same conduct, be instituted at any time before or after the commencement of such criminal proceedings. | |
| − | + | ||
| − | + | '''279 Concurrent and alternative charges''' | |
| − | + | ||
| − | + | In this Code the use of the word? | |
| − | + | ||
| − | + | (a) "concurrently", whether in the phrase "concurrently or alternatively" or on its own in relation to the charging of a person with two or more crimes, means that the person may be charged with both or all of those crimes either conjunctively or, if for any reason whatsoever it is doubtful which of them he or she can be proved to have committed, in the alternative; | |
| − | + | ||
| − | + | (b) "alternatively", whether in the phrase "concurrently or alternatively" or on its own in relation to the charging of a person with two or more crimes, means that the person may be charged? | |
| − | + | ||
| + | (i) with one of those crimes to the exclusion of the other crime, or with any one or more of those crimes to the exclusion of any other crime; or | ||
| + | |||
| + | (ii) with both or all of those crimes in the alternative, if for any reason whatsoever it is doubtful which of them he or she can be proved to have committed. | ||
| + | |||
| + | '''280 Standard scale of fines and amendment thereof''' | ||
| + | |||
| + | (1) Where in this Code and any enactment it is provided that a person who is guilty of a crime is liable to a fine or a maximum fine by reference to a level on the standard scale, the amount of the fine or the maximum fine, as the case may be, that may be imposed shall be the monetary amount specified in the second column of the First Schedule opposite that level in the first column of the First Schedule. | ||
| + | |||
| + | (2) Where any enactment confers power to make a statutory instrument prescribing a fine or a | ||
| + | |||
| + | (a) the reference shall be construed as a reference to the standard scale of fines; and | ||
| + | |||
| + | (b) any fine or maximum fine so prescribed may be specified as a monetary amount or as a level on the standard scale of fines. | ||
| + | |||
| + | (3) Where any enactment prescribes the jurisdiction of any court or judicial officer by reference to a level on the standard scale, the reference shall be construed as a reference to the standard scale of fines. | ||
| + | |||
| + | (4) Notwithstanding any other provision of this section, whenever a court imposes a sentence of a fine upon an offender, the court shall specify the monetary amount of the fine and shall not specify the fine by reference to a level on the standard scale of fines. | ||
| + | |||
| + | (5) Subject to subsection (6), the Minister may, by statutory instrument, amend or replace the First Schedule, whenever the Minister considers such an amendment or replacement to be necessary as a result of a change in the purchasing-power of money or for any other reason: | ||
| + | |||
| + | Provided that? | ||
| + | |||
| + | (i) an increase in the monetary amount corresponding to any level in the standard scale of fines shall not have the effect of increasing the penalty to which any person is liable in respect of a crime committed before the increase came into effect; | ||
| + | |||
| + | (ii) a reduction in the monetary amount corresponding to any level in the standard scale of fines shall reduce the penalty to which any person is liable in respect of an offence committed before the reduction came into effect, if the penalty is imposed after that date. | ||
| + | |||
| + | (6) A statutory instrument may not be made in terms of subsection (5) unless a draft has been laid before and approved by resolution of Parliament. | ||
| + | |||
| + | '''281 References in enactments to common law crimes''' | ||
| + | |||
| + | Any reference in an enactment to a common law crime specified in the first column of the Fifth Schedule shall be construed as a reference to the equivalent crime in this Code specified in the second column opposite thereto. | ||
| + | |||
| + | '''282 Amendment of Acts''' | ||
| + | |||
| + | The Act specified in each Part of the Sixth Schedule is amended to the extent set out in that Part. | ||
| + | |||
| + | '''283 Repeals''' | ||
| + | |||
| + | The Acts specified in the Seventh Schedule are repealed. | ||
| + | |||
| + | '''284 Savings''' | ||
| + | |||
| + | (1) Subject to subsection (2), the repeal of the Roman-Dutch criminal law by section three shall not? | ||
| + | |||
| + | (a) affect the previous operation of that law or anything duly done or suffered under that law; or | ||
| + | |||
| + | (b) affect any crime committed against that law before the fixed date, or any penalty, forfeiture or punishment incurred in respect thereof; or | ||
| + | |||
| + | (c) affect any investigation, legal proceeding or remedy in respect of any crime, penalty, forfeiture or punishment referred to in paragraph (b), and any such investigation, legal proceeding or remedy shall be exercisable, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if that law had not been repealed. | ||
| + | |||
| + | (2) In the case of a trial commenced before the fixed date for a crime specified in the first column of the Fifth Schedule, the court shall not, after the fixed date, impose a sentence in excess of the maximum sentence imposable for the equivalent crime under this Code specified in the second column of the Fifth Schedule. | ||
| + | |||
| + | (3) For the avoidance of doubt it is declared that every crime in force in terms of any other enactment immediately before the fixed date shall continue in force on and after such date unless it is expressly repealed by this Code. | ||
| + | |||
| + | == FIRST SCHEDULE (Sections 2 (1) and 280) == | ||
| + | |||
| + | ===STANDARD SCALE OF FINES=== | ||
| + | |||
| + | '''Level Monetary Amount''' | ||
| + | |||
| + | $ | ||
| + | 1 10 000 | ||
| + | |||
| + | 2 24 000 | ||
| − | + | 3 50 000* | |
| − | + | ||
| − | + | 4 100 000 | |
| − | + | ||
| − | + | 5 200 000 | |
| + | |||
| + | 6 400 000 | ||
| + | |||
| + | 7 800 000 | ||
| + | |||
| + | 8 1 200 000 | ||
| + | |||
| + | 9 1 500 000 | ||
| + | |||
| + | 10 2 000 000 | ||
| − | + | 11 2 500 000 | |
| − | + | ||
| − | + | 12 3 000 000 | |
| − | + | ||
| − | + | 13 4 000 000 | |
| − | + | ||
| − | + | 14 5 000 000 | |
| − | + | ||
| − | + | *In the case of a deposit fine, the maximum monetary amount for this level shall be $25 000. | |
| − | + | ||
| − | + | == SECOND SCHEDULE (Section 2 (2)) == | |
| + | |||
| + | ==='''CORRESPONDENCE OF REFERENCES TO CRIMES IN CODE OR OTHER ENACTMENTS TO PROVISIONS OF CODE DEFINING SUCH CRIMES'''=== | ||
| + | |||
| + | '''Crime Provision in Code defining it''' | ||
| + | |||
| + | Aggravated indecent assault Section 66 | ||
| + | |||
| + | Allowing child to become a prostitute Section 87 | ||
| + | |||
| + | Assault Section 89 | ||
| + | |||
| + | Assaulting, intimidating or threatening a person on an aircraft Section 149 | ||
| + | |||
| + | Assaulting or resisting peace officer Section 176 | ||
| + | |||
| + | Bestiality Section 74 | ||
| + | |||
| + | Bigamy Section 104 | ||
| + | |||
| + | Bribery Section 170 | ||
| + | |||
| + | Causing disaffection among Police Force or Defence Forces Section 30 | ||
| + | |||
| + | Causing offence to persons of a particular race, religion, etc. Section 42 | ||
| + | |||
| + | Coercing or inducing a person for purpose of engaging in sexual conduct Section 84 | ||
| + | |||
| + | Concealing birth of child Section 106 | ||
| + | |||
| + | Concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous drugs Section 160 | ||
| + | |||
| + | Concealing treason Section 21 | ||
| + | |||
| + | Contempt of court Section 182 | ||
| + | |||
| + | Corruptly concealing a transaction from a principal Section 172 | ||
| + | |||
| + | Corruptly concealing from a principal a personal interest in a transaction Section 173 | ||
| + | |||
| + | Corruptly using a false document Section 171 | ||
| + | |||
| + | Criminal abuse of duty as public officer Section 174 | ||
| + | |||
| + | Criminal defamation Section 96 | ||
| + | |||
| + | Criminal insult Section 95 | ||
| + | |||
| + | Criminal nuisance Section 46 | ||
| + | |||
| + | Criminal trespass Section 132 | ||
| + | |||
| + | Culpable homicide Section 49 | ||
| + | |||
| + | Damaging, destroying or prejudicing the safe operation of an aircraft Section 148 | ||
| + | |||
| + | Dealing in or possession of prohibited knives Section 39 | ||
| + | |||
| + | Defeating or obstructing the course of justice Section 184 | ||
| + | |||
| + | Deliberate infection of another with a sexually transmitted disease Section 78 | ||
| + | |||
| + | Deliberate introduction of computer virus into computer or computer network Section 164 | ||
| + | |||
| + | Deliberate transmission of HIV Section 79 | ||
| + | |||
| + | Deliberately supplying false information to a public authority Section 180 | ||
| + | |||
| + | Detaining persons for purpose of engaging in unlawful sexual conduct Section 85 | ||
| + | |||
| + | Disorderly conduct in a public place Section 41 | ||
| + | |||
| + | Disrupting a public gathering Section 44 | ||
| + | |||
| + | Employing non-natural means to resolve crimes or delicts Section 100 | ||
| + | |||
| + | Engaging in practices commonly associated with witchcraft Section 98 | ||
| + | |||
| + | Escaping from lawful custody Section 185 | ||
| + | |||
| + | Exposing an infant Section 108 | ||
| + | |||
| + | Extortion Section 134 | ||
| + | |||
| + | Falsely threatening harm in relation to an aircraft Section 152 | ||
| + | |||
| + | Forgery Section 137 | ||
| + | |||
| + | Fraud Section 136 | ||
| + | |||
| + | Harbouring, concealing or failing to report insurgent, bandit, saboteur or terrorist Section 29 | ||
| + | |||
| + | Hijacking Section 147 | ||
| + | |||
| + | Impersonating police officer, peace officer or public official Section 179 | ||
| + | |||
| + | Inciting or assisting suicide Section 50 | ||
| + | |||
| + | Indecent assault Section 67 | ||
| + | |||
| + | Indicating witches and wizards Section 99 | ||
| + | |||
| + | Infanticide Section 48 | ||
| + | |||
| + | Insurgency, banditry, sabotage or terrorism Section 23 | ||
| + | |||
| + | Intimidation Section 45 | ||
| + | |||
| + | Kidnapping or unlawful detention Section 93 | ||
| + | |||
| + | Living off or facilitating prostitution Section 82 | ||
| + | |||
| + | Making off without payment Section 117 | ||
| + | |||
| + | Malicious damage to property Section 140 | ||
| + | |||
| + | Murder Section 47 | ||
| + | |||
| + | Negligently causing serious bodily harm Section 90 | ||
| + | |||
| + | Negligently causing serious damage to property Section 141 | ||
| + | |||
| + | Obstructing a public official Section 178 | ||
| + | |||
| + | Obstructing or endangering free movement of persons or traffic Section 38 | ||
| + | |||
| + | Participating in gathering with intent to promote public violence, breaches of the peace or bigotry Section 37 | ||
| + | |||
| + | Perjury Section 183 | ||
| + | |||
| + | Permitting premises to be used for the unlawful dealing in or use of dangerous drugs Section 159 | ||
| + | |||
| + | Permitting young person to resort to place for purpose of engaging in unlawful sexual conduct Section 86 | ||
| + | |||
| + | Placing or carrying dangerous goods on an aircraft Section 150 | ||
| + | |||
| + | Pledging a female person Section 94 | ||
| + | |||
| + | Possessing property reasonably suspected of being stolen Section 125 | ||
| + | |||
| + | Possessing weaponry for insurgency, banditry, sabotage or terrorism Section 27 | ||
| + | |||
| + | Possessing an article for criminal use Section 40 | ||
| + | |||
| + | Possessing a dangerous weapon Section 28 | ||
| + | |||
| + | Possessing an offensive weapon at a public gathering Section 43 | ||
| + | |||
| + | Procuring Section 83 | ||
| + | |||
| + | Public indecency Section 77 | ||
| + | |||
| + | Public violence Section 36 | ||
| + | |||
| + | Publishing or communicating false statements prejudicial to the State Section 31 | ||
| + | |||
| + | Rape Section 65 | ||
| + | |||
| + | Receiving stolen property knowing it to have been stolen Section 124 | ||
| + | |||
| + | Recruiting or training insurgents, bandits, saboteurs or terrorists Section 24 | ||
| + | |||
| + | Robbery Section 126 | ||
| + | |||
| + | Sexual intercourse or performing an indecent act with a young person Section 70 | ||
| + | |||
| + | Sexual intercourse within a prohibited degree of relationship Section 75 | ||
| + | |||
| + | Sodomy Section 73 | ||
| + | |||
| + | Soliciting Section 81 | ||
| + | |||
| + | Stock theft Section 114 | ||
| + | |||
| + | Subverting constitutional government Section 22 | ||
| + | |||
| + | Supplying weaponry to insurgents, bandits, saboteurs or terrorists Section 26 | ||
| + | |||
| + | Theft Section 113 | ||
| + | |||
| + | Threatening harm in relation to an aircraft Section 151 | ||
| + | |||
| + | Training as insurgent, bandit, saboteur or terrorist Section 25 | ||
| + | |||
| + | Treason Section 20 | ||
| + | |||
| + | Unauthorised access to or use of computer or computer network Section 163 | ||
| + | |||
| + | Unauthorised borrowing or use of property Section 116 | ||
| + | |||
| + | Unauthorised manipulation of proposed computer programme Section 165 | ||
| + | |||
| + | Unauthorised use of password or pin number Section 168 | ||
| + | |||
| + | Unauthorised use or possession of credit or debit cards Section 167 | ||
| + | |||
| + | Undermining authority of or insulting President Section 33 | ||
| + | |||
| + | Undermining police authority Section 177 | ||
| + | |||
| + | Unlawful dealing in dangerous drugs Section 156 | ||
| + | |||
| + | Unlawful possession or use of dangerous drugs Section 157 | ||
| + | |||
| + | Unlawful possession or wearing of camouflage uniforms Section 32 | ||
| + | |||
| + | Unlawful termination of pregnancy Section 60 | ||
| + | |||
| + | Unlawful entry into premises Section 131 | ||
| + | |||
| + | Violating corpses Section 111 | ||
| + | |||
| + | Violating graves Section 110 | ||
| + | |||
| + | Voluntary intoxication leading to unlawful conduct Section 222 | ||
| + | |||
| + | |||
| + | == THIRD SCHEDULE (Section 46) == | ||
| + | |||
| + | ===ACTS CONSTITUTING CRIMINAL NUISANCE=== | ||
| + | |||
| + | '''Interpretation in Third Schedule''' | ||
| + | |||
| + | 1. In paragraph 2? | ||
| + | |||
| + | "appropriate authority" means? | ||
| + | |||
| + | (a) in the case of a public place situated within the area under the jurisdiction of a municipal council or town council, such municipal council or town council, as the case may be; | ||
| + | |||
| + | (b) in the case of a public place situated within a local government area, the local board; | ||
| + | |||
| + | (c) in the case of a public place situated within the area under the jurisdiction of a rural district council, such rural district council; | ||
| + | |||
| + | (d) in the case of a public place situated within an area not mentioned in paragraph (a), (b) or (c), the person or body of persons having the control or the management of such area or, if there is no such person or body of persons, the district administrator. | ||
| + | |||
| + | '''Acts constituting criminal nuisance''' | ||
| + | |||
| + | 2. Any person who? | ||
| + | |||
| + | (a) wantonly or mischievously? | ||
| + | |||
| + | (i) rings any bell; or | ||
| + | |||
| + | (ii) makes any noise or disturbance or plays any musical instrument or wireless in a public place; or | ||
| + | |||
| + | (iii) knocks at doors; or | ||
| + | |||
| + | (iv) throws any property from any place; or | ||
| + | |||
| + | (v) removes any property from any place; or | ||
| + | |||
| + | (vi) dislodges or disfigures any property; or | ||
| + | |||
| + | (vii) gives a false alarm of fire; or | ||
| + | |||
| + | (viii) does any act of a like nature; | ||
| + | |||
| + | (b) wantonly or mischievously provokes any animal; | ||
| + | |||
| + | (c) without the permission of the appropriate authority, makes a fire or lets off fireworks manufactured for the purpose of amusement, in a public place; | ||
| + | |||
| + | (d) rides or drives any animal upon any pavement; | ||
| + | |||
| + | (e) throws or deposits any refuse or inflammatory material in or upon a public place or in or upon any other place which has not been set aside for that purpose by the appropriate authority; | ||
| + | |||
| + | (f) encumbers or | ||
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Sufentanil. | Sufentanil. | ||
| − | |||
| − | 2. Unless expressly excluded, all substances included in this Part include the following: | + | Thebacon; Thebaine; Tilidine; Trimeperidine. |
| − | + | ||
| − | + | 2. Unless expressly excluded, all substances included in this Part include the following: | |
| − | + | ||
| − | + | (a) the isomers of the specified substances, where the existence of such isomers is possible; | |
| − | PART II | + | |
| − | OTHER DANGEROUS DRUGS | + | (b) the esters and ethers of the specified substances and of the isomers referred to in subparagraph (a), as well as the isomers of such esters and ethers, where the existence of such esters, ethers and isomers is possible; |
| − | Bufotenine; Glutethamide; Lysergamide; Lysergide and other N-alkyle derivatives of lysergamide, including the drug commonly known as LSD, but not including methysergide maleate; Mescaline; Methaqualone ("Mandrax"); Meghyprylon; Psilocin; Psilocybin; N.N-Diethyltryptamine; N.N-Dimethyltryptamine; 2,5-Dimethoxy-4, a, dimethylphenethlaine; Any stereoisomeric form, ester, ether or salt of a substance prohibited and any preparation containing any proportion of the abovementioned drugs.". | + | |
| − | PART XVI | + | (c) the salts of the specified substances, of the isomers referred to in subparagraph (a) and of the esters, ethers and isomers referred to in subparagraph (b), as well as the isomers of such salts, where the existence of such salts and isomers is possible; and |
| − | MEDICINES AND ALLIED SUBSTANCES CONTROL ACT [CHAPTER 15:03] | + | |
| − | By the repeal of Part V. | + | (d) all preparations and mixtures of the specified substances and of the isomers, esters, ethers and salts referred to in this paragraph. |
| − | PART XVII | + | |
| − | PUBLIC HEALTH ACT [CHAPTER 15:09] | + | '''PART II''' |
| − | By the repeal of section 50. | + | |
| − | PART XVIII | + | '''OTHER DANGEROUS DRUGS''' |
| − | TERMINATION OF PREGNANCY ACT [CHAPTER 15:10] | + | |
| − | + | Bufotenine; Glutethamide; Lysergamide; Lysergide and other N-alkyle derivatives of lysergamide, including the drug commonly known as LSD, but not including methysergide maleate; Mescaline; | |
| − | " "unlawful intercourse" means rape, other than rape within a marriage, and sexual intercourse within a prohibited degree of relationship, other than sexual intercourse with a person referred to in paragraphs (i) or (j) of subsection (1) of section 75 of the Criminal Law Code.". | + | |
| − | PART XIX | + | Methaqualone ("Mandrax"); Meghyprylon; Psilocin; Psilocybin; N.N-Diethyltryptamine; N.N-Dimethyltryptamine; 2,5-Dimethoxy-4, a, dimethylphenethlaine; Any stereoisomeric form, ester, ether or salt of a substance prohibited and any preparation containing any proportion of the abovementioned drugs.". |
| − | HOUSING AND BUILDING ACT [CHAPTER 22:07] | + | |
| − | + | ''PART XVI'' | |
| − | + | ||
| − | "22 Application of Part VI | + | '''MEDICINES AND ALLIED SUBSTANCES CONTROL ACT [CHAPTER 15:03]''' |
| − | (1) Sections 23 and 24 shall apply in relation to domestic premises and any other premises which are not subject to the Commercial Premises (Lease Control) Act [Chapter 14:04]. | + | |
| − | (2) Section 24A shall apply to all premises, including those subject to the Commercial Premises (Lease Control) Act [Chapter 14:04].". | + | By the repeal of Part V. |
| − | + | ||
| − | "24A Avoidance of leases of premises used as brothels | + | '''PART XVII''' |
| − | (1) If an owner or lessor becomes aware that any premises leased by him or her are kept or used as a brothel (as defined in subsection (1) of section 61 of the Criminal Law Code) by or with the consent or acquiescence of the lessee, the lease shall be voidable at the instance of the owner or lessor, who may thereupon repossess the premises. | + | |
| − | (2) The reference in subsection (1) to a lease includes a sublease, and "lessee" and "lessor" shall be construed accordingly. | + | '''PUBLIC HEALTH ACT [CHAPTER 15:09]''' |
| − | (3) A magistrate shall have jurisdiction, on the application of the owner or lessor of any place within the magistrate's province which is being kept or used as a brothel, to order summary ejectment of any person who is so keeping or using the place.". | + | |
| − | + | By the repeal of section 50. | |
| − | PART XX | + | |
| − | MENTAL HEALTH ACT, 1996 (NO. 15 OF 1996) | + | '''PART XVIII''' |
| − | + | ||
| − | + | '''TERMINATION OF PREGNANCY ACT [CHAPTER 15:10]''' | |
| − | "110A Application for sterilisation of mentally disordered or intellectually handicapped female person by parent, guardian, spouse etc. | + | |
| − | (1) The parent, guardian, spouse or any other person capable in law of giving consent on behalf of a mentally disordered or intellectually handicapped female person may apply to the High Court for an order authorising her sterilisation. | + | |
| − | (2) If the High Court is satisfied that? | + | |
| − | + | " "unlawful intercourse" means rape, other than rape within a marriage, and sexual intercourse within a prohibited degree of relationship, other than sexual intercourse with a person referred to in paragraphs (i) or (j) of subsection (1) of section 75 of the Criminal Law Code.". | |
| − | + | ||
| − | the High Court may order that she should be sterilised. | + | '''PART XIX''' |
| − | (3) Except as authorised by this section, no mentally disordered or intellectually handicapped female person shall be sterilised.". | + | |
| − | + | '''HOUSING AND BUILDING ACT [CHAPTER 22:07]''' | |
| − | SEVENTH SCHEDULE (Sections 283) | + | |
| − | REPEALS | + | 1. By the deletion of the title of Part VI and the substitution of "Rent Control and Avoidance of Certain Leases". |
| − | Aircraft (Offences) Act [Chapter 9:01] | + | |
| − | Concealment of Birth Act [Chapter 9:04] | + | |
| − | Infanticide Act [Chapter 9:12] | + | |
| − | Miscellaneous Offences Act [Chapter 9:15] | + | "22 Application of Part VI |
| − | Miscellaneous Offences Act [Chapter 68 of the 1974 Revised Edition of the Laws] | + | |
| − | Witchcraft Suppression Act [Chapter 9:19] | + | (1) Sections 23 and 24 shall apply in relation to domestic premises and any other premises which are not subject to the Commercial Premises (Lease Control) Act [Chapter 14:04]. |
| − | Sexual Offences Act [Chapter 9:21] | + | |
| + | (2) Section 24A shall apply to all premises, including those subject to the Commercial Premises (Lease Control) Act [Chapter 14:04].". | ||
| + | |||
| + | |||
| + | |||
| + | "24A Avoidance of leases of premises used as brothels | ||
| + | |||
| + | (1) If an owner or lessor becomes aware that any premises leased by him or her are kept or used as a brothel (as defined in subsection (1) of section 61 of the Criminal Law Code) by or with the consent or acquiescence of the lessee, the lease shall be voidable at the instance of the owner or lessor, who may thereupon repossess the premises. | ||
| + | |||
| + | (2) The reference in subsection (1) to a lease includes a sublease, and "lessee" and "lessor" shall be construed accordingly. | ||
| + | |||
| + | (3) A magistrate shall have jurisdiction, on the application of the owner or lessor of any place within the magistrate's province which is being kept or used as a brothel, to order summary ejectment of any person who is so keeping or using the place.". | ||
| + | |||
| + | '''PART XX''' | ||
| + | |||
| + | '''MENTAL HEALTH ACT, 1996 (NO. 15 OF 1996)''' | ||
| + | |||
| + | 1. In section 29 by the deletion from subsection (2) of "so as not to be responsible for the act" and the substitution of "so as to have a complete defence in terms of section 249 of the Criminal Law Code, 2002,". | ||
| + | |||
| + | |||
| + | |||
| + | "110A Application for sterilisation of mentally disordered or intellectually handicapped female person by parent, guardian, spouse etc. | ||
| + | |||
| + | (1) The parent, guardian, spouse or any other person capable in law of giving consent on behalf of a mentally disordered or intellectually handicapped female person may apply to the High Court for an order authorising her sterilisation. | ||
| + | |||
| + | (2) If the High Court is satisfied that? | ||
| + | |||
| + | (a) on the evidence of at least two medical practitioners, a female person is mentally disordered or intellectually handicapped, and that it is in her best interests that she should be sterilised; and | ||
| + | |||
| + | (b) her parent, guardian, spouse or any other person capable in law of giving consent on her behalf has consented to her sterilisation; | ||
| + | |||
| + | the High Court may order that she should be sterilised. | ||
| + | |||
| + | (3) Except as authorised by this section, no mentally disordered or intellectually handicapped female person shall be sterilised.". | ||
| + | |||
| + | SEVENTH SCHEDULE (Sections 283) | ||
| + | |||
| + | REPEALS | ||
| + | |||
| + | Aircraft (Offences) Act [Chapter 9:01] | ||
| + | |||
| + | Concealment of Birth Act [Chapter 9:04] | ||
| + | |||
| + | Infanticide Act [Chapter 9:12] | ||
| + | |||
| + | Miscellaneous Offences Act [Chapter 9:15] | ||
| + | |||
| + | Miscellaneous Offences Act [Chapter 68 of the 1974 Revised Edition of the Laws] | ||
| + | |||
| + | Witchcraft Suppression Act [Chapter 9:19] | ||
| + | |||
| + | Sexual Offences Act [Chapter 9:21] | ||
| + | |||
| + | ---- | ||
| + | See [[Zimbabwe]] | ||
