Difference between revisions of "Zimbabwe Criminal Code"

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(1)  A person may be tried, convicted and punished for a crime, whether in terms of this Code or any other enactment, where the crime or an essential element of the crime was?
 
(1)  A person may be tried, convicted and punished for a crime, whether in terms of this Code or any other enactment, where the crime or an essential element of the crime was?
  
−
(a) committed wholly inside Zimbabwe;  or
+
(a) committed wholly inside Zimbabwe;  or
  
−
(b) committed partly outside Zimbabwe, if the conduct that completed the crime took place inside Zimbabwe;  or
+
(b) committed partly outside Zimbabwe, if the conduct that completed the crime took place inside Zimbabwe;  or
  
−
(c) committed wholly or partly outside Zimbabwe, if the crime?
+
(c) committed wholly or partly outside Zimbabwe, if the crime?
  
−
(i) is a crime against public security in Zimbabwe or against the safety of the State of Zimbabwe;  or
+
(i) is a crime against public security in Zimbabwe or against the safety of the State of Zimbabwe;  or
  
−
(ii) is a crime which?
+
(ii) is a crime which?
  
−
A. has produced a harmful effect in Zimbabwe;  or
+
A. has produced a harmful effect in Zimbabwe;  or
  
−
B. was intended to produce a harmful effect in Zimbabwe;  or
+
B. was intended to produce a harmful effect in Zimbabwe;  or
  
−
C. was committed with the realisation that there was a real risk or possibility that it might produce a harmful effect in Zimbabwe.
+
C. was committed with the realisation that there was a real risk or possibility that it might produce a harmful effect in Zimbabwe.
  
 
(2)  This section does not limit the effect of any enactment which?
 
(2)  This section does not limit the effect of any enactment which?
  
−
(a) regulates the territorial jurisdiction of any court;  or
+
(a) regulates the territorial jurisdiction of any court;  or
  
−
(b) makes special provision for the trial, conviction or punishment of particular extra-territorial crimes.
+
(b) makes special provision for the trial, conviction or punishment of particular extra-territorial crimes.
  
 
== CHAPTER II ==
 
== CHAPTER II ==
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A child who is of or over the age of seven years but below the age of fourteen years at the time of the conduct constituting any crime which he or she is alleged to have committed shall be presumed, unless the contrary is proved beyond a reasonable doubt?
 
A child who is of or over the age of seven years but below the age of fourteen years at the time of the conduct constituting any crime which he or she is alleged to have committed shall be presumed, unless the contrary is proved beyond a reasonable doubt?
  
−
(a) to lack the capacity to form the intention necessary to commit the crime;  or
+
(a) to lack the capacity to form the intention necessary to commit the crime;  or
  
−
(b) where negligence is an element of the crime concerned, to lack the capacity to behave in the way that a reasonable adult would have behaved in the circumstances.
+
(b) where negligence is an element of the crime concerned, to lack the capacity to behave in the way that a reasonable adult would have behaved in the circumstances.
  
 
'''8 No presumption of criminal incapacity for persons over the age of fourteen years'''
 
'''8 No presumption of criminal incapacity for persons over the age of fourteen years'''
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(2)  A person shall not be held criminally liable for an omission nor shall he or she be guilty of the crime to which the omission relates unless?
 
(2)  A person shall not be held criminally liable for an omission nor shall he or she be guilty of the crime to which the omission relates unless?
  
−
(a) the crime for which the person is held liable is defined in such a way as to render criminal his or her failure to act;  or
+
(a) the crime for which the person is held liable is defined in such a way as to render criminal his or her failure to act;  or
  
−
(b) the person had a legal duty to act positively arising from?
+
(b) the person had a legal duty to act positively arising from?
  
−
(i) the existence of a protective or family relationship between himself or herself and another person which required him or her to protect the life, safety or any legal interest of that other person;  or
+
(i) the existence of a protective or family relationship between himself or herself and another person which required him or her to protect the life, safety or any legal interest of that other person;  or
  
−
(ii) the creation by the person's prior conduct of a situation in which another person's life, safety or legal interest was or might be endangered;  or
+
(ii) the creation by the person's prior conduct of a situation in which another person's life, safety or legal interest was or might be endangered;  or
  
−
(iii) his or her assuming control, by contract or otherwise, over a situation, whether brought about by him or her or not, in which another person's life, safety or legal interest was or might be endangered;  or
+
(iii) his or her assuming control, by contract or otherwise, over a situation, whether brought about by him or her or not, in which another person's life, safety or legal interest was or might be endangered;  or
  
−
(iv) his or her holding a public or like office.
+
(iv) his or her holding a public or like office.
  
 
'''11 Causation'''
 
'''11 Causation'''
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(2)  A person's conduct shall be deemed to have caused or substantially contributed to a consequence for the purposes of subsection (1) if the conduct?
 
(2)  A person's conduct shall be deemed to have caused or substantially contributed to a consequence for the purposes of subsection (1) if the conduct?
  
−
(a) is the factual cause of the consequence, that is, but for the conduct the consequence would not have occurred;  and
+
(a) is the factual cause of the consequence, that is, but for the conduct the consequence would not have occurred;  and
  
−
(b) is the legal cause of the consequence, that is, the consequence?
+
(b) is the legal cause of the consequence, that is, the consequence?
  
−
(i) was a reasonably foreseeable consequence of his or her conduct;  or
+
(i) was a reasonably foreseeable consequence of his or her conduct;  or
  
−
(ii) was brought about by a new cause supervening after his or her conduct, which cause was itself a reasonably foreseeable consequence of his or her conduct.
+
(ii) was brought about by a new cause supervening after his or her conduct, which cause was itself a reasonably foreseeable consequence of his or her conduct.
  
 
'''PART III'''
 
'''PART III'''
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(1)  Where realisation of a real risk or possibility is an element of any crime, the test is subjective and consists of the following two components?
 
(1)  Where realisation of a real risk or possibility is an element of any crime, the test is subjective and consists of the following two components?
  
−
(a) a component of awareness, that is, whether or not the person whose conduct is in issue realised that there was a risk or possibility, other than a remote risk or possibility, that?
+
(a) a component of awareness, that is, whether or not the person whose conduct is in issue realised that there was a risk or possibility, other than a remote risk or possibility, that?
  
−
(i) his or her conduct might give rise to the relevant consequence;  or
+
(i) his or her conduct might give rise to the relevant consequence;  or
  
−
(ii) the relevant fact or circumstance existed when he or she engaged in the conduct;
+
(ii) the relevant fact or circumstance existed when he or she engaged in the conduct;
−
and
+
and
  
−
(b) a component of recklessness, that is, whether, despite realising the risk or possibility referred to in paragraph (a), the person whose conduct is in issue continued to engage in that conduct.
+
(b) a component of recklessness, that is, whether, despite realising the risk or possibility referred to in paragraph (a), the person whose conduct is in issue continued to engage in that conduct.
  
 
(2)  If a crime of which the realisation of a real risk or possibility is an element is so defined in this Code or any other enactment that?
 
(2)  If a crime of which the realisation of a real risk or possibility is an element is so defined in this Code or any other enactment that?
  
−
(a) the words describing the component of awareness are omitted, the component of awareness shall be implicit in the word "recklessly" or any derivatives of that word;  or
+
(a) the words describing the component of awareness are omitted, the component of awareness shall be implicit in the word "recklessly" or any derivatives of that word;  or
  
−
(b) the words describing the component of recklessness are omitted, the component of recklessness shall be implicit in the expression "realise a real risk or possibility" or any derivatives of that expression.
+
(b) the words describing the component of recklessness are omitted, the component of recklessness shall be implicit in the expression "realise a real risk or possibility" or any derivatives of that expression.
  
 
(3)  Where, in a prosecution of a crime of which the realisation of a real risk or possibility is an element, the component of awareness is proved, the component of recklessness shall be inferred from the fact that?
 
(3)  Where, in a prosecution of a crime of which the realisation of a real risk or possibility is an element, the component of awareness is proved, the component of recklessness shall be inferred from the fact that?
  
−
(a) the relevant consequence actually ensued from the conduct of the accused;  or
+
(a) the relevant consequence actually ensued from the conduct of the accused;  or
  
−
(b) the relevant fact or circumstance actually existed when the accused engaged in the conduct;
+
(b) the relevant fact or circumstance actually existed when the accused engaged in the conduct;
  
 
as the case may be.
 
as the case may be.
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(1)  Where negligence is an element of any crime?
 
(1)  Where negligence is an element of any crime?
  
−
(a) constituted by the performance of an act, the test is objective and consists of the inquiry whether the accused person's performance of that act was blameworthy in that?
+
(a) constituted by the performance of an act, the test is objective and consists of the inquiry whether the accused person's performance of that act was blameworthy in that?
  
−
(i) a reasonable person in the same circumstances as the accused would not have performed that act;  or
+
(i) a reasonable person in the same circumstances as the accused would not have performed that act;  or
  
−
(ii) the accused failed to perform the act with the care and skill with which a reasonable person in the same circumstances would have performed that act;
+
(ii) the accused failed to perform the act with the care and skill with which a reasonable person in the same circumstances would have performed that act;
  
−
whichever inquiry is appropriate to the crime in question; or
+
whichever inquiry is appropriate to the crime in question; or
  
−
(b) constituted by the omission to perform an act, the test is objective and consists of the inquiry whether the accused person's omission to perform that act was blameworthy in that a reasonable person in the same circumstances would not have omitted to perform the act;  or
+
(b) constituted by the omission to perform an act, the test is objective and consists of the inquiry whether the accused person's omission to perform that act was blameworthy in that a reasonable person in the same circumstances would not have omitted to perform the act;  or
  
−
(c) constituted wholly or partly by a consequence resulting from the conduct of an accused person, or by the existence or absence of any circumstance in which such conduct occurred, the test is objective and falls into two parts?
+
(c) constituted wholly or partly by a consequence resulting from the conduct of an accused person, or by the existence or absence of any circumstance in which such conduct occurred, the test is objective and falls into two parts?
  
−
(i) whether or not the accused person failed to realise that his or her conduct might produce the relevant consequence or that the relevant circumstance might exist or be absent;  and
+
(i) whether or not the accused person failed to realise that his or her conduct might produce the relevant consequence or that the relevant circumstance might exist or be absent;  and
  
−
(ii) if the accused person did fail as provided in subparagraph (i), whether or not the person's failure was blameworthy in that a reasonable person in the same circumstances?
+
(ii) if the accused person did fail as provided in subparagraph (i), whether or not the person's failure was blameworthy in that a reasonable person in the same circumstances?
  
−
A. would have realised that the relevant consequence might be produced and would have guarded against it;  or
+
A. would have realised that the relevant consequence might be produced and would have guarded against it;  or
  
−
B. would have foreseen that the relevant fact or circumstance might exist or be absent and would have taken steps to ascertain whether or not it did exist;
+
B. would have foreseen that the relevant fact or circumstance might exist or be absent and would have taken steps to ascertain whether or not it did exist;
−
as the case may be.
+
as the case may be.
  
 
(2)  For the avoidance of doubt it is declared that paragraph (c) of subsection (1) shall apply to the determination of the criminal liability of any person accused of culpable homicide, negligently causing serious bodily harm or negligently causing serious damage to property.
 
(2)  For the avoidance of doubt it is declared that paragraph (c) of subsection (1) shall apply to the determination of the criminal liability of any person accused of culpable homicide, negligently causing serious bodily harm or negligently causing serious damage to property.
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"bomb" means?
 
"bomb" means?
  
−
(a) any device consisting of or carrying an explosive charge or fused to detonate upon impact or percussion or through a timing contrivance or by an electrical or electronic device;  or
+
(a) any device consisting of or carrying an explosive charge or fused to detonate upon impact or percussion or through a timing contrivance or by an electrical or electronic device;  or
  
−
(b) any other device capable of causing an explosion;
+
(b) any other device capable of causing an explosion;
  
  
  
−
(a) any service relating to the generation, supply or distribution of electricity;  or
+
(a) any service relating to the generation, supply or distribution of electricity;  or
  
−
(b) any fire brigade or fire service;  or
+
(b) any fire brigade or fire service;  or
  
−
(c) any health, hospital or ambulance service;  or
+
(c) any health, hospital or ambulance service;  or
  
−
(d) any service relating to the production, supply, delivery or distribution of fuel;  or
+
(d) any service relating to the production, supply, delivery or distribution of fuel;  or
  
−
(e) any service relating to the supply or distribution of water;  or
+
(e) any service relating to the supply or distribution of water;  or
  
−
(f) any communications service;  or
+
(f) any communications service;  or
  
−
(g) any transport service;  or
+
(g) any transport service;  or
  
−
(h) any other service or occupation whose interruption would endanger the life, health or safety of the whole or a part of the population and which the Minister may declare by notice in a statutory instrument to be an essential service;
+
(h) any other service or occupation whose interruption would endanger the life, health or safety of the whole or a part of the population and which the Minister may declare by notice in a statutory instrument to be an essential service;
  
 
"insurgent, bandit, saboteur or terrorist" means a person who?
 
"insurgent, bandit, saboteur or terrorist" means a person who?
  
−
(a) is about to commit, is committing or has committed an act of insurgency, banditry, sabotage or terrorism; or;
+
(a) is about to commit, is committing or has committed an act of insurgency, banditry, sabotage or terrorism; or;
  
−
(b) has attended a course or undergone training, is about to attend a course or undergo training or is attending a course or undergoing training referred to in subsection (1) of section twenty-five;
+
(b) has attended a course or undergone training, is about to attend a course or undergo training or is attending a course or undergoing training referred to in subsection (1) of section twenty-five;
  
 
"law enforcement agency" means the Police Force (including a member of the Police Constabulary as defined in section 2 of the Police Act [Chapter 11:10]) or an intelligence service maintained by the Government, or any agency assigned by an enactment to maintain and enforce the law;
 
"law enforcement agency" means the Police Force (including a member of the Police Constabulary as defined in section 2 of the Police Act [Chapter 11:10]) or an intelligence service maintained by the Government, or any agency assigned by an enactment to maintain and enforce the law;
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(iii) coercing or attempting to coerce the Government;   
 
(iii) coercing or attempting to coerce the Government;   
  
−
or
+
or
  
 
(b) supports or assists any group or body in doing or attempting to do any of the things described in subparagraph (i), (ii) or (iii) of paragraph (a);
 
(b) supports or assists any group or body in doing or attempting to do any of the things described in subparagraph (i), (ii) or (iii) of paragraph (a);
Line 799: Line 799:
 
(ii) invading the rights of other people;
 
(ii) invading the rights of other people;
  
−
or
+
or
  
 
(b) acting together with one or more other persons present with him or her in any place or at any meeting performs any action, utters any words or distributes or displays any writing, sign or other visible representation that is obscene, threatening, abusive or insulting, intending thereby to provoke a breach of the peace or realising that there is a risk or possibility that a breach of the peace may be provoked;  or
 
(b) acting together with one or more other persons present with him or her in any place or at any meeting performs any action, utters any words or distributes or displays any writing, sign or other visible representation that is obscene, threatening, abusive or insulting, intending thereby to provoke a breach of the peace or realising that there is a risk or possibility that a breach of the peace may be provoked;  or
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(3)  For the purposes of subsection (2), a person shall be deemed to be acting in pursuance of lawful authority only if the person is acting in his or her capacity as a police officer, a member of the Defence Forces or an employee of the State or a local authority.
 
(3)  For the purposes of subsection (2), a person shall be deemed to be acting in pursuance of lawful authority only if the person is acting in his or her capacity as a police officer, a member of the Defence Forces or an employee of the State or a local authority.
  
−
44 Disrupting a public gathering
+
'''44 Disrupting a public gathering'''
 +
 
 
Any person who, at a public gathering?
 
Any person who, at a public gathering?
−
(a) engages in disorderly or riotous conduct;  or
+
 
−
(b) uses threatening, abusive or insulting words or behaves in a threatening, abusive or insulting manner;
+
(a) engages in disorderly or riotous conduct;  or
 +
 
 +
(b) uses threatening, abusive or insulting words or behaves in a threatening, abusive or insulting manner;
 +
 
 
intending to prevent the transaction of the business for which the gathering was called together, or realising that there is a real risk or possibility that the transaction of business may be prevented, shall be guilty of disrupting a public gathering and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
 
intending to prevent the transaction of the business for which the gathering was called together, or realising that there is a real risk or possibility that the transaction of business may be prevented, shall be guilty of disrupting a public gathering and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
−
45 Intimidation
+
 
 +
'''45 Intimidation'''
 +
 
 
Any person who, intentionally and by means of an express or implied threat of unlawfully inflicted harm, compels or induces another person?
 
Any person who, intentionally and by means of an express or implied threat of unlawfully inflicted harm, compels or induces another person?
−
(a) to do something which that person is not legally obliged to do;  or
+
 
−
(b) to refrain from doing something which that person is legally entitled to do;
+
(a) to do something which that person is not legally obliged to do;  or
 +
 
 +
(b) to refrain from doing something which that person is legally entitled to do;
 +
 
 
shall be guilty of intimidation and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
 
shall be guilty of intimidation and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
−
46 Criminal nuisance
+
 
 +
'''46 Criminal nuisance'''
 +
 
 
Any person who does any of the acts specified in the Third Schedule shall be guilty of criminal nuisance and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
 
Any person who does any of the acts specified in the Third Schedule shall be guilty of criminal nuisance and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
−
CHAPTER V
+
 
−
CRIMES AGAINST THE PERSON
+
== CHAPTER V ==
−
PART I
+
 
−
HOMICIDE
+
===CRIMES AGAINST THE PERSON===
−
47 Murder
+
 
 +
'''PART I'''
 +
 
 +
'''HOMICIDE'''
 +
 
 +
'''47 Murder'''
 +
 
 
(1)  Any person who causes the death of another person?
 
(1)  Any person who causes the death of another person?
−
(a) intending to kill the other person;  or
+
 
−
(b) realising that there is a real risk or possibility that his or her conduct may cause death, and continues to engage in that conduct despite the risk or possibility;
+
(a) intending to kill the other person;  or
 +
 
 +
(b) realising that there is a real risk or possibility that his or her conduct may cause death, and continues to engage in that conduct despite the risk or possibility;
 
shall be guilty of murder.
 
shall be guilty of murder.
 +
 
(2)  Subject to section 337 of the Criminal Procedure and Evidence Act [Chapter 9:07], a person convicted of murder shall be sentenced to death unless?
 
(2)  Subject to section 337 of the Criminal Procedure and Evidence Act [Chapter 9:07], a person convicted of murder shall be sentenced to death unless?
−
(a) the convicted person is under the age of eighteen years at the time of the commission of the crime;  or
+
(a) the convicted person is under the age of eighteen years at the time of the commission of the crime;  or
−
(b) the court is of the opinion that there are extenuating circumstances;
+
 
 +
(b) the court is of the opinion that there are extenuating circumstances;
 +
 
 
in which event the convicted person shall be liable to imprisonment for life or any shorter period.
 
in which event the convicted person shall be liable to imprisonment for life or any shorter period.
 +
 
(3)  A person convicted of attempted murder or of incitement or conspiracy to commit murder shall be liable to be sentenced to death or to imprisonment for life or any shorter period.
 
(3)  A person convicted of attempted murder or of incitement or conspiracy to commit murder shall be liable to be sentenced to death or to imprisonment for life or any shorter period.
−
48 Infanticide
+
 
 +
'''48 Infanticide'''
 +
 
 
(1)  Any woman who, within six months of the birth of her child, causes its death?
 
(1)  Any woman who, within six months of the birth of her child, causes its death?
−
(a) intentionally;  or
+
 
−
(b) by conduct which she realises involves a real risk to the child's life;
+
(a) intentionally;  or
 +
 
 +
(b) by conduct which she realises involves a real risk to the child's life;
 +
 
 
at a time when the balance of her mind is disturbed as a result of giving birth to the child, shall be guilty of infanticide and liable to imprisonment for a period not exceeding five years.
 
at a time when the balance of her mind is disturbed as a result of giving birth to the child, shall be guilty of infanticide and liable to imprisonment for a period not exceeding five years.
 +
 
(2)  Where a woman is charged with the murder of her child committed within six months of the child's birth and it is proved that she caused the child's death at a time when the balance of her mind was disturbed as a result of giving birth to the child, she shall not be found guilty of murder but may be found guilty of infanticide if the evidence establishes that she committed that crime.
 
(2)  Where a woman is charged with the murder of her child committed within six months of the child's birth and it is proved that she caused the child's death at a time when the balance of her mind was disturbed as a result of giving birth to the child, she shall not be found guilty of murder but may be found guilty of infanticide if the evidence establishes that she committed that crime.
 +
 
(3)  For the purposes of this section, in determining whether or not the balance of a woman's mind was disturbed as a result of giving birth to a child, regard shall be taken to any pressure or stress from which she suffered arising out of any one or more of the following circumstances or considerations?
 
(3)  For the purposes of this section, in determining whether or not the balance of a woman's mind was disturbed as a result of giving birth to a child, regard shall be taken to any pressure or stress from which she suffered arising out of any one or more of the following circumstances or considerations?
−
(a) the effects which the birth had, or which she believed it would have, on her social, financial or marital situation;
+
 
−
(b) the difficulties which were created, or which she believed would be created, in caring for the child in the social, financial or marital situation in which the child was born;
+
(a) the effects which the birth had, or which she believed it would have, on her social, financial or marital situation;
−
(c) the difficulties which she had, or which she believed she would have, in caring for the child due to her inexperience or incapacity;
+
 
−
(d) any other relevant circumstance or consideration, whether based on the psychological effects on the woman's mind arising from the birth itself, or otherwise.
+
(b) the difficulties which were created, or which she believed would be created, in caring for the child in the social, financial or marital situation in which the child was born;
 +
 
 +
(c) the difficulties which she had, or which she believed she would have, in caring for the child due to her inexperience or incapacity;
 +
 
 +
(d) any other relevant circumstance or consideration, whether based on the psychological effects on the woman's mind arising from the birth itself, or otherwise.
 +
 
 
(4)  For the avoidance of doubt it is declared that nothing in this section precludes?
 
(4)  For the avoidance of doubt it is declared that nothing in this section precludes?
−
(a) a woman from being charged with the murder of her child and, subject to subsection (2), from being convicted of and punished for that crime;  or
+
 
−
(b) a court from returning a special verdict in terms of section 29 of the Mental Health Act [Chapter 15:12] (No. 15 of 1996) in respect of a woman charged with causing the death of her child.
+
(a) a woman from being charged with the murder of her child and, subject to subsection (2), from being convicted of and punished for that crime;  or
−
49 Culpable homicide
+
 
 +
(b) a court from returning a special verdict in terms of section 29 of the Mental Health Act [Chapter 15:12] (No. 15 of 1996) in respect of a woman charged with causing the death of her child.
 +
 
 +
'''49 Culpable homicide'''
 +
 
 
Any person who causes the death of another person?
 
Any person who causes the death of another person?
−
(a) negligently failing to realise that death may result from his or her conduct;  or
+
 
−
(b) realising that death may result from his or her conduct and negligently failing to guard against that possibility;
+
(a) negligently failing to realise that death may result from his or her conduct;  or
 +
 
 +
(b) realising that death may result from his or her conduct and negligently failing to guard against that possibility;
 +
 
 
shall be guilty of culpable homicide and liable to imprisonment for life or any shorter period or a fine up to or exceeding level fourteen or both.
 
shall be guilty of culpable homicide and liable to imprisonment for life or any shorter period or a fine up to or exceeding level fourteen or both.
−
50 Inciting or assisting suicide
+
 
 +
'''50 Inciting or assisting suicide'''
 +
 
 
Any person who incites, induces, aids, counsels, procures or provides the means for the suicide or attempted suicide of another person, knowing that the other person intends to commit suicide or realising that there is a real risk or possibility that the other person may commit suicide, shall be guilty of inciting or assisting suicide and liable to a fine up to or exceeding level fourteen, or imprisonment for life or any shorter period, or both such fine and such imprisonment.
 
Any person who incites, induces, aids, counsels, procures or provides the means for the suicide or attempted suicide of another person, knowing that the other person intends to commit suicide or realising that there is a real risk or possibility that the other person may commit suicide, shall be guilty of inciting or assisting suicide and liable to a fine up to or exceeding level fourteen, or imprisonment for life or any shorter period, or both such fine and such imprisonment.
−
51 Time of commencement of life and time of death
+
 
 +
'''51 Time of commencement of life and time of death'''
 +
 
 
(1)  For the purposes of this Part, life shall be deemed to have commenced when a newly-born child has breathed, whether or not it has an independent circulation at that time and whether or not it is entirely separated from the body of its mother.
 
(1)  For the purposes of this Part, life shall be deemed to have commenced when a newly-born child has breathed, whether or not it has an independent circulation at that time and whether or not it is entirely separated from the body of its mother.
 +
 
(2)  For the purposes of this Part, the time of a person's death shall be deemed to be?
 
(2)  For the purposes of this Part, the time of a person's death shall be deemed to be?
−
(a) except in the case referred to in paragraph (b), when there has been an irreversible cessation of the person's heart-lung functions;  or
+
 
−
(b) where the person has been installed on a heart-lung or ventilator machine or other life-support system, when a competent medical practitioner, after carrying out appropriate tests, diagnoses and confirms that brain death has occurred.
+
(a) except in the case referred to in paragraph (b), when there has been an irreversible cessation of the person's heart-lung functions;  or
−
52 Accelerating death equivalent to causing it
+
 
 +
(b) where the person has been installed on a heart-lung or ventilator machine or other life-support system, when a competent medical practitioner, after carrying out appropriate tests, diagnoses and confirms that brain death has occurred.
 +
 
 +
'''52 Accelerating death equivalent to causing it'''
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For the purposes of this Part, a person shall be deemed to have caused the death of another person if he or she accelerates a death that would have occurred as a result of other independent causes.
 
For the purposes of this Part, a person shall be deemed to have caused the death of another person if he or she accelerates a death that would have occurred as a result of other independent causes.
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53 Causing death: guidelines
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'''53 Causing death: guidelines'''
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(1)  In deciding whether or not there is a causal link between a person's conduct and the death of another person, a court shall be guided by the following factors in addition to any others that are relevant in the particular case?
 
(1)  In deciding whether or not there is a causal link between a person's conduct and the death of another person, a court shall be guided by the following factors in addition to any others that are relevant in the particular case?
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(a) a subsequent event which is abnormal, that is to say, which is unlikely in the light of human experience to follow the conduct, may be regarded as breaking the causal link unless it was planned or anticipated by the person responsible for the conduct;
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(b) where the result of the conduct was to inflict a mortal or serious injury upon the other person, there is normally a causal link between the conduct and the other person's death;
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(a) a subsequent event which is abnormal, that is to say, which is unlikely in the light of human experience to follow the conduct, may be regarded as breaking the causal link unless it was planned or anticipated by the person responsible for the conduct;
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(b) where the result of the conduct was to inflict a mortal or serious injury upon the other person, there is normally a causal link between the conduct and the other person's death;
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(c) voluntary conduct on the part of the person who subsequently dies is more likely than involuntary subsequent conduct on the part of that person to break the causal link between the conduct and his or her death;
 
(c) voluntary conduct on the part of the person who subsequently dies is more likely than involuntary subsequent conduct on the part of that person to break the causal link between the conduct and his or her death;
 
(d) it is within the range of ordinary human experience that particular persons may suffer from ailments or physical susceptibilities which make them more liable than other persons to die from assaults or from other unlawful conduct.
 
(d) it is within the range of ordinary human experience that particular persons may suffer from ailments or physical susceptibilities which make them more liable than other persons to die from assaults or from other unlawful conduct.

Revision as of 11:24, 30 April 2010

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