Difference between revisions of "Zimbabwe Criminal Code"

From Criminal Defense Wiki
Jump to navigationJump to search
Line 1,525: Line 1,525:
 
(a) indecently exposes himself or herself or engages in any other indecent conduct which causes offence to any other person in or near a public place, or in or near a private place within the view of such other person;  or
 
(a) indecently exposes himself or herself or engages in any other indecent conduct which causes offence to any other person in or near a public place, or in or near a private place within the view of such other person;  or
  
(b) knowing or realising that there is a real risk or possibility that he or she will be heard, utters or makes use of indecent or obscene language in or near a public place, or in or near a private place within the hearing of another person;  or
+
(b) knowing or realising that there is a real risk or possibility that he or she will be heard, utters or makes use of indecent or obscene language in or near a public place, or in or near a private place within the hearing of another person;  or
(c) sings any indecent or obscene song in or near a public place, or in or near a private place within the hearing of another person, knowing or realising that there is a real risk or possibility that he or she will be heard;  or
+
 
(d) writes or draws any indecent or obscene word, figure or representation in or near a public place, or in or near a private place in the view of another person, knowing or realising that there is a real risk or possibility that such writing or drawing will be seen;
+
(c) sings any indecent or obscene song in or near a public place, or in or near a private place within the hearing of another person, knowing or realising that there is a real risk or possibility that he or she will be heard;  or
 +
 
 +
(d) writes or draws any indecent or obscene word, figure or representation in or near a public place, or in or near a private place in the view of another person, knowing or realising that there is a real risk or possibility that such writing or drawing will be seen;
 +
 
 
shall be guilty of public indecency and liable to a fine not exceeding level nine or imprisonment for a period not exceeding six months or both.
 
shall be guilty of public indecency and liable to a fine not exceeding level nine or imprisonment for a period not exceeding six months or both.
 +
 
(2)  No person shall be convicted of public indecency unless the words or conduct in question are sufficiently serious to warrant punishment, for which purpose a court shall take into account the following factors in addition to any others that are relevant in the particular case?
 
(2)  No person shall be convicted of public indecency unless the words or conduct in question are sufficiently serious to warrant punishment, for which purpose 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 words or conduct;
+
 
(b) the extent to which the words were repeated or the conduct was persisted in, as the case may be;
+
(a) the nature of the words or conduct;
(c) the age and gender of the person who heard the words or witnessed the conduct;
+
 
(d) any previous relationship between the parties;
+
(b) the extent to which the words were repeated or the conduct was persisted in, as the case may be;
(e) the degree of offence caused to the person who heard the words or witnessed the conduct.
+
 
78 Deliberate infection of another with a sexually-transmitted disease
+
(c) the age and gender of the person who heard the words or witnessed the conduct;
 +
 
 +
(d) any previous relationship between the parties;
 +
 
 +
(e) the degree of offence caused to the person who heard the words or witnessed the conduct.
 +
 
 +
'''78 Deliberate infection of another with a sexually-transmitted disease'''
 +
 
 
(1)  In this section?
 
(1)  In this section?
 +
 
"sexually-transmitted disease" includes syphilis, gonorrhea, herpes, and all other forms of sexually-transmitted diseases except, for the purposes of this section, HIV.
 
"sexually-transmitted disease" includes syphilis, gonorrhea, herpes, and all other forms of sexually-transmitted diseases except, for the purposes of this section, HIV.
 +
 
(2)  Any person who?
 
(2)  Any person who?
(a) knowing that he or she is suffering from a sexually-transmitted disease;  or
+
 
(b) realising that there is a real risk or possibility that he or she is suffering from a sexually-transmitted disease;
+
(a) knowing that he or she is suffering from a sexually-transmitted disease;  or
 +
 
 +
(b) realising that there is a real risk or possibility that he or she is suffering from a sexually-transmitted disease;
 +
 
 
intentionally infects any other person with the disease, or does anything or causes or permits anything to be done with the intention or realising that there is a real risk or possibility of infecting any other person with the disease, shall be guilty of deliberately infecting that other person with a sexually-transmitted disease and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding five years or both.
 
intentionally infects any other person with the disease, or does anything or causes or permits anything to be done with the intention or realising that there is a real risk or possibility of infecting any other person with the disease, shall be guilty of deliberately infecting that other person with a sexually-transmitted disease and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding five years or both.
 +
 
(3)  If it is proved in a prosecution for spreading a sexually-transmitted disease that the person charged was suffering from a sexually-transmitted disease at the time of the crime, it shall be presumed, unless the contrary is proved, that he or she knew or realised that there was a real risk or possibility that he or she was suffering from it.
 
(3)  If it is proved in a prosecution for spreading a sexually-transmitted disease that the person charged was suffering from a sexually-transmitted disease at the time of the crime, it shall be presumed, unless the contrary is proved, that he or she knew or realised that there was a real risk or possibility that he or she was suffering from it.
 +
  
(a) knew that the accused was suffering from a sexually-transmitted disease;  and
 
(b) consented to the act in question, appreciating the nature of the sexually-transmitted disease and the possibility of becoming infected with it.
 
  
Division D: Transmitting HIV deliberately or in the course of committing sexual crimes
+
(a) knew that the accused was suffering from a sexually-transmitted disease;  and
79 Deliberate transmission of HIV
+
 
 +
(b) consented to the act in question, appreciating the nature of the sexually-transmitted disease and the possibility of becoming infected with it.
 +
 
 +
'''Division D: Transmitting HIV deliberately or in the course of committing sexual crimes'''
 +
 
 +
'''79 Deliberate transmission of HIV'''
 +
 
 
(1)  Any person who?
 
(1)  Any person who?
(a) knowing that he or she is infected with HIV;  or
+
 
(b) realising that there is a real risk or possibility that he or she is infected with HIV;
+
(a) knowing that he or she is infected with HIV;  or
 +
 
 +
(b) realising that there is a real risk or possibility that he or she is infected with HIV;
 +
 
 
intentionally does anything or permits the doing of anything which he or she knows will infect, or does anything which he or she realises involves a real risk or possibility of infecting another person with HIV, shall be guilty of deliberate transmission of HIV, whether or not he or she is married to that other person, and shall be liable to imprisonment for a period not exceeding twenty years.
 
intentionally does anything or permits the doing of anything which he or she knows will infect, or does anything which he or she realises involves a real risk or possibility of infecting another person with HIV, shall be guilty of deliberate transmission of HIV, whether or not he or she is married to that other person, and shall be liable to imprisonment for a period not exceeding twenty years.
 +
  
(a) knew that the accused was infected with HIV;  and
+
 
(b) consented to the act in question, appreciating the nature of HIV and the possibility of becoming infected with it.
+
(a) knew that the accused was infected with HIV;  and
80 Sentence for certain crimes where accused is infected with HIV
+
 
 +
(b) consented to the act in question, appreciating the nature of HIV and the possibility of becoming infected with it.
 +
 
 +
'''80 Sentence for certain crimes where accused is infected with HIV'''
 +
 
  
(a) rape;  or
+
 
(b) aggravated indecent assault;  or
+
(a) rape;  or
(c) sexual intercourse or performing an indecent act with a young person, involving any penetration of any part of his or her or another person's body that incurs a risk of transmission of HIV;
+
 
 +
(b) aggravated indecent assault;  or
 +
 
 +
(c) sexual intercourse or performing an indecent act with a young person, involving any penetration of any part of his or her or another person's body that incurs a risk of transmission of HIV;
 
and it is proved that, at the time of the commission of the crime, the convicted person was infected with HIV, whether or not he or she was aware of his or her infection, he or she shall be sentenced to imprisonment for a period of not less than ten years.
 
and it is proved that, at the time of the commission of the crime, the convicted person was infected with HIV, whether or not he or she was aware of his or her infection, he or she shall be sentenced to imprisonment for a period of not less than ten years.
 +
  
(a) the presence in a person's body of HIV antibodies or antigens, detected through an appropriate test, shall be prima facie proof that the person concerned is infected with HIV;
 
(b) if it is proved that a person was infected with HIV within thirty days after committing a crime referred to in those sections, it shall be presumed, unless the contrary is shown, that he or she was infected with HIV when he or she committed the crime.
 
  
Division E: Crimes relating to prostitution or the facilitation of sexual crimes
+
(a) the presence in a person's body of HIV antibodies or antigens, detected through an appropriate test, shall be prima facie proof that the person concerned is infected with HIV;
81 Soliciting
+
 
 +
(b) if it is proved that a person was infected with HIV within thirty days after committing a crime referred to in those sections, it shall be presumed, unless the contrary is shown, that he or she was infected with HIV when he or she committed the crime.
 +
 
 +
'''Division E: Crimes relating to prostitution or the facilitation of sexual crimes'''
 +
 
 +
'''81 Soliciting'''
 +
 
 
(1)  In this section?
 
(1)  In this section?
 +
  
(a) solicits in a public place or any place to which the public or any section of the public have access;  or
+
 
(b) solicits by publication of the solicitation in any printed or electronic medium for reception by the public.
+
(a) solicits in a public place or any place to which the public or any section of the public have access;  or
 +
 
 +
(b) solicits by publication of the solicitation in any printed or electronic medium for reception by the public.
 +
 
 
(2)  Any person who publicly solicits another person for the purposes of prostitution shall be guilty of soliciting and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
 
(2)  Any person who publicly solicits another person for the purposes of prostitution shall be guilty of soliciting and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
82 Living off or facilitating prostitution
+
 
 +
'''82 Living off or facilitating prostitution'''
 +
 
  
(a) keeps a brothel;  or
+
 
+
(a) keeps a brothel;  or
(i) keeping, managing or assisting in the keeping of a brothel in which the prostitute is, or has been, living for immoral purposes;  or
+
 
(ii) having solicited other persons for immoral purposes on behalf of the prostitute;  or
+
 
(iii) having effected the prostitute's entry into a brothel for the purpose of prostitution;  or
+
 
(iv) having brought or assisted in bringing the prostitute into Zimbabwe for immoral purposes;
+
(i) keeping, managing or assisting in the keeping of a brothel in which the prostitute is, or has been, living for immoral purposes;  or
or
+
 
(c) demands from a prostitute any payment or reward in consideration for any present or past immoral connection with the prostitute;
+
(ii) having solicited other persons for immoral purposes on behalf of the prostitute;  or
 +
 
 +
(iii) having effected the prostitute's entry into a brothel for the purpose of prostitution;  or
 +
 
 +
(iv) having brought or assisted in bringing the prostitute into Zimbabwe for immoral purposes;  
 +
 
 +
or
 +
 
 +
(c) demands from a prostitute any payment or reward in consideration for any present or past immoral connection with the prostitute;
 +
 
 
shall be guilty of living off or facilitating prostitution and liable to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both.
 
shall be guilty of living off or facilitating prostitution and liable to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both.
83 Procuring
+
 
 +
'''83 Procuring'''
 +
 
  
(a) for the purposes of engaging in unlawful sexual conduct with another person or with persons generally, whether inside or outside Zimbabwe;  or
+
 
(b) to become a prostitute, whether inside or outside Zimbabwe;  or
+
(a) for the purposes of engaging in unlawful sexual conduct with another person or with persons generally, whether inside or outside Zimbabwe;  or
(c) to leave Zimbabwe with the intent that the other person may become a prostitute;  or
+
 
(d) to leave his or her usual place of residence, not being a brothel, with the intent that he or she may become an inmate of or frequent a brothel elsewhere;
+
(b) to become a prostitute, whether inside or outside Zimbabwe;  or
 +
 
 +
(c) to leave Zimbabwe with the intent that the other person may become a prostitute;  or
 +
 
 +
(d) to leave his or her usual place of residence, not being a brothel, with the intent that he or she may become an inmate of or frequent a brothel elsewhere;
 +
 
  
(i) in a case where the person procured is a young person, imprisonment for a period not exceeding ten years, or both such fine and imprisonment;
+
 
(ii) in any other case, imprisonment for a period not exceeding two years, or both such fine and imprisonment.
+
(i) in a case where the person procured is a young person, imprisonment for a period not exceeding ten years, or both such fine and imprisonment;
84 Coercing or inducing persons for purpose of engaging in sexual conduct
+
 
 +
(ii) in any other case, imprisonment for a period not exceeding two years, or both such fine and imprisonment.
 +
 
 +
'''84 Coercing or inducing persons for purpose of engaging in sexual conduct'''
 +
 
  
(a) threatens or intimidates that other person;  or
+
 
(b) applies or administers any intoxicating drug, liquor, matter or thing to that other person;  or
+
(a) threatens or intimidates that other person;  or
(c) causes that other person to take any intoxicating drug, liquor, matter or thing;
+
 
 +
(b) applies or administers any intoxicating drug, liquor, matter or thing to that other person;  or
 +
 
 +
(c) causes that other person to take any intoxicating drug, liquor, matter or thing;
 +
 
 
shall be guilty of coercing or inducing a person for the purpose of engaging in sexual conduct and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both:
 
shall be guilty of coercing or inducing a person for the purpose of engaging in sexual conduct and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both:
 +
 
Provided that nothing in this section precludes a person from being charged with or convicted of rape, attempted rape, being an accomplice to rape, or other unlawful sexual conduct if the facts support such a charge or conviction.
 
Provided that nothing in this section precludes a person from being charged with or convicted of rape, attempted rape, being an accomplice to rape, or other unlawful sexual conduct if the facts support such a charge or conviction.
85 Detaining persons for purpose of engaging in unlawful sexual conduct
+
 
 +
'''85 Detaining persons for purpose of engaging in unlawful sexual conduct'''
 +
 
 
Any person who detains another person against his or her will in a brothel or any other premises whatsoever with the intention that the person detained should engage in unlawful sexual conduct with himself or herself or another person or with persons generally shall be guilty of detaining a person for the purpose of engaging in unlawful sexual conduct and liable to a fine not exceeding level six or imprisonment for a period not exceeding one year or both:
 
Any person who detains another person against his or her will in a brothel or any other premises whatsoever with the intention that the person detained should engage in unlawful sexual conduct with himself or herself or another person or with persons generally shall be guilty of detaining a person for the purpose of engaging in unlawful sexual conduct and liable to a fine not exceeding level six or imprisonment for a period not exceeding one year or both:
 +
 
Provided that nothing in this section precludes a person from being charged with or convicted of kidnapping or unlawful detention if the facts support such a charge or conviction.
 
Provided that nothing in this section precludes a person from being charged with or convicted of kidnapping or unlawful detention if the facts support such a charge or conviction.
86 Permitting young person to resort to place for purpose of engaging in unlawful sexual conduct
+
 
 +
'''86 Permitting young person to resort to place for purpose of engaging in unlawful sexual conduct'''
 +
 
  
(a) if the young person is under the age of twelve years, liable to a fine not exceeding level eleven or imprisonment for a period not exceeding ten years or both;
+
 
(b) if the young person is over the age of twelve years, liable to a fine not exceeding level ten or imprisonment for a period not exceeding seven years or both.
+
(a) if the young person is under the age of twelve years, liable to a fine not exceeding level eleven or imprisonment for a period not exceeding ten years or both;
 +
 
 +
(b) if the young person is over the age of twelve years, liable to a fine not exceeding level ten or imprisonment for a period not exceeding seven years or both.
 +
 
 
(2)  It shall be a defence to a charge under subsection (1) for the accused to prove that he or she had reasonable cause to believe that the young person was of or over the age of sixteen years:
 
(2)  It shall be a defence to a charge under subsection (1) for the accused to prove that he or she had reasonable cause to believe that the young person was of or over the age of sixteen years:
 
Provided that the apparent physical maturity of the young person concerned shall not, on its own, constitute reasonable cause for the purposes of this subsection.
 
Provided that the apparent physical maturity of the young person concerned shall not, on its own, constitute reasonable cause for the purposes of this subsection.
87 Allowing child to become a prostitute
+
 
 +
'''87 Allowing child to become a prostitute'''
 +
 
 
Any parent or guardian who causes or allows his or her child under the age of eighteen years to associate with prostitutes or to be employed by any prostitute as a prostitute or to reside in a brothel shall be guilty of allowing a child to become a prostitute and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding ten years or both.
 
Any parent or guardian who causes or allows his or her child under the age of eighteen years to associate with prostitutes or to be employed by any prostitute as a prostitute or to reside in a brothel shall be guilty of allowing a child to become a prostitute and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding ten years or both.
PART IV
+
 
CRIMES INVOLVING BODILY INJURY
+
'''PART IV'''
 +
 
 +
'''CRIMES INVOLVING BODILY INJURY'''
 +
 
 
88 Interpretation in Part IV of Chapter V
 
88 Interpretation in Part IV of Chapter V
 +
 
In this Part?
 
In this Part?
 +
 
"assault" means?
 
"assault" means?
(a) any act by a person involving the application of force, directly or indirectly, to the body of another person, whereby bodily harm is caused to that other person;  or
+
 
(b) any act by a person that causes, directly or indirectly, the injection into or application to the body of another person of any substance without that person's consent;  or
+
(a) any act by a person involving the application of force, directly or indirectly, to the body of another person, whereby bodily harm is caused to that other person;  or
(c) any act by a person that causes any substance to be consumed by another person without that person's consent;
+
 
 +
(b) any act by a person that causes, directly or indirectly, the injection into or application to the body of another person of any substance without that person's consent;  or
 +
 
 +
(c) any act by a person that causes any substance to be consumed by another person without that person's consent;
 +
 
 
"bodily harm" means any harm causing pain or discomfort to the body, or any impairment of the body or its functions, whether temporary or permanent.
 
"bodily harm" means any harm causing pain or discomfort to the body, or any impairment of the body or its functions, whether temporary or permanent.
89 Assault
+
 
 +
'''89 Assault'''
 +
 
 
(1)  Any person who?
 
(1)  Any person who?
(a) commits an assault upon another person intending to cause that other person bodily harm or realising that there is a real risk or possibility that bodily harm may result;  or
+
 
(b) threatens, whether by words or gestures, to assault another person, intending to inspire, or realising that there is a real risk or possibility of inspiring, in the mind of the person threatened a reasonable fear or belief that force will immediately be used against him or her;
+
(a) commits an assault upon another person intending to cause that other person bodily harm or realising that there is a real risk or possibility that bodily harm may result;  or
 +
 
 +
(b) threatens, whether by words or gestures, to assault another person, intending to inspire, or realising that there is a real risk or possibility of inspiring, in the mind of the person threatened a reasonable fear or belief that force will immediately be used against him or her;
 +
 
 
shall be guilty of assault and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding ten years or both.
 
shall be guilty of assault and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding ten years or both.
 +
 
(2)  It shall be no defence to a charge of assault that, at the time the fear or belief referred to in paragraph (b) of subsection (1) is inspired, the person inspiring such fear or belief lacks the ability to effect his or her purpose.
 
(2)  It shall be no defence to a charge of assault that, at the time the fear or belief referred to in paragraph (b) of subsection (1) is inspired, the person inspiring such fear or belief lacks the ability to effect his or her purpose.
 +
 
(3)  In determining an appropriate sentence to be imposed upon a person convicted of assault, and without derogating from the court's power to have regard to any other relevant considerations, a court shall have regard to the following?
 
(3)  In determining an appropriate sentence to be imposed upon a person convicted of assault, and without derogating from the court's power to have regard to any other relevant considerations, a court shall have regard to the following?
(a) the age and physical condition of the person assaulted;
+
 
(b) the degree of force or violence used in the assault;
+
(a) the age and physical condition of the person assaulted;
(c) whether or not any weapon was used to commit the assault;
+
 
(d) whether or not the person carrying out the assault intended to inflict serious bodily harm;
+
(b) the degree of force or violence used in the assault;
(e) whether or not the person carrying out the assault was in a position of authority over the person assaulted;
+
 
(f) in a case where the act constituting the assault was intended to cause any substance to be consumed by another person, the possibility that third persons might be harmed thereby, and whether such persons were so harmed.
+
(c) whether or not any weapon was used to commit the assault;
90 Negligently causing serious bodily harm
+
 
 +
(d) whether or not the person carrying out the assault intended to inflict serious bodily harm;
 +
 
 +
(e) whether or not the person carrying out the assault was in a position of authority over the person assaulted;
 +
 
 +
(f) in a case where the act constituting the assault was intended to cause any substance to be consumed by another person, the possibility that third persons might be harmed thereby, and whether such persons were so harmed.
 +
 
 +
'''90 Negligently causing serious bodily harm'''
 +
 
 
Any person who by any act whatsoever causes serious bodily harm to another person negligently failing to realise that serious bodily harm may result from his or her conduct or negligently failing to guard against that possibility shall be guilty of negligently causing serious bodily harm and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
 
Any person who by any act whatsoever causes serious bodily harm to another person negligently failing to realise that serious bodily harm may result from his or her conduct or negligently failing to guard against that possibility shall be guilty of negligently causing serious bodily harm and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
91 Assault of person other than intended victim
+
 
 +
'''91 Assault of person other than intended victim'''
 +
 
 
If a person commits or attempts to commit an assault upon a person and in so doing causes bodily harm to someone other than his or her intended victim, he or she shall be guilty of the following crimes?
 
If a person commits or attempts to commit an assault upon a person and in so doing causes bodily harm to someone other than his or her intended victim, he or she shall be guilty of the following crimes?
(a) in respect of the person who was his or her intended victim, assault or attempted assault, whichever is appropriate in the circumstances;
+
 
(b) in respect of the person who was not his or her intended victim?
+
(a) in respect of the person who was his or her intended victim, assault or attempted assault, whichever is appropriate in the circumstances;
(i) assault, if he or she realised that there was a real risk or possibility that bodily harm might be caused to that person;  or
+
 
(ii) negligently causing serious bodily harm, if he or she did not intend to cause that person such injury and did not realise that there was a real risk or possibility that such injury might be caused to that person, but was negligent in failing to realise it.
+
(b) in respect of the person who was not his or her intended victim?
PART V
+
 
CRIMES INVOLVING INFRINGEMENT OF LIBERTY, DIGNITY, PRIVACY OR
+
(i) assault, if he or she realised that there was a real risk or possibility that bodily harm might be caused to that person;  or
REPUTATION
+
 
92 Interpretation in Part V of Chapter V
+
(ii) negligently causing serious bodily harm, if he or she did not intend to cause that person such injury and did not realise that there was a real risk or possibility that such injury might be caused to that person, but was negligent in failing to realise it.
 +
 
 +
'''PART V'''
 +
 
 +
'''CRIMES INVOLVING INFRINGEMENT OF LIBERTY, DIGNITY, PRIVACY OR REPUTATION'''
 +
 
 +
'''92 Interpretation in Part V of Chapter V'''
 +
 
 
In this Part?
 
In this Part?
 +
 
"adult" means a person who is of the age of eighteen years or above;
 
"adult" means a person who is of the age of eighteen years or above;
 +
 
"child" means a person who is under the age of eighteen years;
 
"child" means a person who is under the age of eighteen years;
 +
 
"lawful custodian", in relation to a child, means the child's parent or lawful guardian or any person who has been given custody of the child by the child's parent or legal guardian or by virtue of an order of a court;
 
"lawful custodian", in relation to a child, means the child's parent or lawful guardian or any person who has been given custody of the child by the child's parent or legal guardian or by virtue of an order of a court;
 +
 
"parent" means a natural or adoptive parent;
 
"parent" means a natural or adoptive parent;
 +
 
"publish", in relation to a defamatory statement, means to make a statement to any person other than the person defamed or the spouse of the person who makes the statement.
 
"publish", in relation to a defamatory statement, means to make a statement to any person other than the person defamed or the spouse of the person who makes the statement.
93 Kidnapping or unlawful detention
+
 
 +
'''93 Kidnapping or unlawful detention'''
 +
 
 
(1)  Any person who?
 
(1)  Any person who?
(a) deprives an adult of his or her freedom of bodily movement, intending to cause such deprivation or realising that there is a real risk or possibility that such deprivation may result;  or
+
 
(b) not being the lawful custodian of the child concerned?
+
(a) deprives an adult of his or her freedom of bodily movement, intending to cause such deprivation or realising that there is a real risk or possibility that such deprivation may result;  or
(i) deprives a child of his or her freedom of bodily movement, intending to cause such deprivation or realising that there is a real risk or possibility that such deprivation may result;  or
+
 
(ii) detains or keeps a child, intending to deprive the child's lawful custodian of his or her control over the child or realising that there is a real risk or possibility that such deprivation may result;
+
(b) not being the lawful custodian of the child concerned?
 +
 
 +
(i) deprives a child of his or her freedom of bodily movement, intending to cause such deprivation or realising that there is a real risk or possibility that such deprivation may result;  or
 +
 
 +
(ii) detains or keeps a child, intending to deprive the child's lawful custodian of his or her control over the child or realising that there is a real risk or possibility that such deprivation may result;
 +
 
 
shall be guilty of kidnapping or unlawful detention and liable?
 
shall be guilty of kidnapping or unlawful detention and liable?
A. to imprisonment for life or any shorter period, except in a case referred to in subparagraph B;  or
+
 
B. where the kidnapping or unlawful detention was committed in the mitigating circumstances referred to in paragraph (b) of subsection (3), to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both.
+
A. to imprisonment for life or any shorter period, except in a case referred to in subparagraph B;  or
 +
 
 +
B. where the kidnapping or unlawful detention was committed in the mitigating circumstances referred to in paragraph (b) of subsection (3), to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both.
 +
 
 
(2)  An accused may be convicted of kidnapping or unlawful detention?
 
(2)  An accused may be convicted of kidnapping or unlawful detention?
(a) whatever the manner in which the accused deprived the adult or child of his or her freedom of bodily movement or the lawful custodian of his or her control, whether by the use of threats or force or by the use of fraudulent misrepresentation or otherwise;  and
+
 
(b) whatever the period over which the accused deprived the adult or child of his or her freedom of bodily movement or the lawful custodian of his or her control.
+
(a) whatever the manner in which the accused deprived the adult or child of his or her freedom of bodily movement or the lawful custodian of his or her control, whether by the use of threats or force or by the use of fraudulent misrepresentation or otherwise;  and
 +
 
 +
(b) whatever the period over which the accused deprived the adult or child of his or her freedom of bodily movement or the lawful custodian of his or her control.
 +
 
 
(3)  In determining an appropriate sentence to be imposed upon a person convicted of kidnapping or unlawful detention, and without limitation on any other factors or circumstances which a court may take into account?
 
(3)  In determining an appropriate sentence to be imposed upon a person convicted of kidnapping or unlawful detention, and without limitation on any other factors or circumstances which a court may take into account?
(a) a court shall regard it as an aggravating circumstance if?
+
 
(i) the kidnapping or unlawful detention was accompanied or motivated by the demand of a ransom for the safe return of the adult or child;  or
+
(a) a court shall regard it as an aggravating circumstance if?
(ii) the kidnapping or unlawful detention was accompanied by violence or the threat of violence;
+
 
(b) a court shall regard it as a mitigating circumstance if, in the case of the kidnapping or unlawful detention of a child, the accused is a parent of or closely related to the child and the kidnapping or unlawful detention was not accompanied by violence or the threat of violence.
+
(i) the kidnapping or unlawful detention was accompanied or motivated by the demand of a ransom for the safe return of the adult or child;  or
94 Pledging of female persons
+
 
 +
(ii) the kidnapping or unlawful detention was accompanied by violence or the threat of violence;
 +
 
 +
(b) a court shall regard it as a mitigating circumstance if, in the case of the kidnapping or unlawful detention of a child, the accused is a parent of or closely related to the child and the kidnapping or unlawful detention was not accompanied by violence or the threat of violence.
 +
 
 +
'''94 Pledging of female persons'''
 +
 
 
(1)  A lawful custodian or relative of a female person who?
 
(1)  A lawful custodian or relative of a female person who?
(a) at a time when the female person is under the age of eighteen years, or without her consent, hands her over to another person as compensation for the death of a relative of that other person, or as compensation for any debt or obligation;  or
+
 
(b) at a time when the female person is under the age of eighteen years, or without her consent, enters into an arrangement whereby the female person is promised in marriage to any man, whether for any consideration or not;  or
+
(a) at a time when the female person is under the age of eighteen years, or without her consent, hands her over to another person as compensation for the death of a relative of that other person, or as compensation for any debt or obligation;  or
(c) by force or intimidation compels or attempts to compel a female person to enter into a marriage against her will, whether in pursuance of an arrangement referred to in paragraph (a) or (b) or otherwise;
+
 
 +
(b) at a time when the female person is under the age of eighteen years, or without her consent, enters into an arrangement whereby the female person is promised in marriage to any man, whether for any consideration or not;  or
 +
 
 +
(c) by force or intimidation compels or attempts to compel a female person to enter into a marriage against her will, whether in pursuance of an arrangement referred to in paragraph (a) or (b) or otherwise;
 +
 
 
shall be guilty of pledging a female person and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding two years or both.
 
shall be guilty of pledging a female person and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding two years or both.
 +
 
(2)  Any party to an arrangement or marriage referred to in subsection (1) may be charged as an accomplice to pledging a female person.
 
(2)  Any party to an arrangement or marriage referred to in subsection (1) may be charged as an accomplice to pledging a female person.
95 Criminal insult
+
 
 +
'''95 Criminal insult'''
 +
 
 
(1)  Any person who, by words or conduct?
 
(1)  Any person who, by words or conduct?
(a) seriously impairs the dignity of another person;  or
+
 
(b) seriously invades the privacy of another person;
+
(a) seriously impairs the dignity of another person;  or
 +
 
 +
(b) seriously invades the privacy of another person;
 +
 
 
shall be guilty of criminal insult if he or she intended his or her words or conduct to have an effect referred to in paragraph (a) or (b) or if he or she realised that there was a real risk or possibility that his or her words or conduct might have such an effect, and shall be liable to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
 
shall be guilty of criminal insult if he or she intended his or her words or conduct to have an effect referred to in paragraph (a) or (b) or if he or she realised that there was a real risk or possibility that his or her words or conduct might have such an effect, and shall be liable to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
 +
 
(2)  In deciding whether an impairment of dignity or invasion of privacy is sufficiently serious to constitute the crime of criminal insult, a court shall take into account the following factors in addition to any others that are relevant in the particular case?
 
(2)  In deciding whether an impairment of dignity or invasion of privacy is sufficiently serious to constitute the crime of criminal insult, 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 words or conduct;
+
 
(b) the extent to which the words were repeated or the conduct was persisted in, as the case may be;
+
(a) the nature of the words or conduct;
(c) the age and sex of the person whose dignity was impaired or privacy was invaded;
+
 
(d) any previous relationship between the parties;
+
(b) the extent to which the words were repeated or the conduct was persisted in, as the case may be;
(e) the degree of offence caused to the person whose dignity was impaired or privacy was invaded by the words or conduct.
+
 
 +
(c) the age and sex of the person whose dignity was impaired or privacy was invaded;
 +
 
 +
(d) any previous relationship between the parties;
 +
 
 +
(e) the degree of offence caused to the person whose dignity was impaired or privacy was invaded by the words or conduct.
 +
 
 
(3)  In order to establish a charge of criminal insult based upon an impairment of dignity, it shall be necessary to prove that the complainant felt insulted or degraded as a result of the words or conduct that form the subject of the charge:
 
(3)  In order to establish a charge of criminal insult based upon an impairment of dignity, it shall be necessary to prove that the complainant felt insulted or degraded as a result of the words or conduct that form the subject of the charge:
 +
 
Provided that, where the complainant was, at the time of the commission of the crime?
 
Provided that, where the complainant was, at the time of the commission of the crime?
(a) a child or mentally disordered or intellectually handicapped, as defined in section 2 of the Mental Health Act [Chapter 15:12] (No. 15 of 1996);  or
+
 
(b) unable, through physical disability, to hear the words or see the conduct, as the case may be;  
+
(a) a child or mentally disordered or intellectually handicapped, as defined in section 2 of the Mental Health Act [Chapter 15:12] (No. 15 of 1996);  or
 +
 
 +
(b) unable, through physical disability, to hear the words or see the conduct, as the case may be;  
 +
 
 
he or she shall be deemed to have felt insulted or degraded if a reasonable person would have felt insulted or degraded by the words or conduct concerned.
 
he or she shall be deemed to have felt insulted or degraded if a reasonable person would have felt insulted or degraded by the words or conduct concerned.
 +
 
(4)  In order to establish a charge of criminal insult based upon an invasion of privacy, in that the accused observed the complainant while the complainant was in a state of partial or complete undress, it shall not be necessary to prove that the complainant was aware of the invasion of privacy when it took place, if it is proved that when the complainant did become aware of it he or she felt insulted or degraded by it.
 
(4)  In order to establish a charge of criminal insult based upon an invasion of privacy, in that the accused observed the complainant while the complainant was in a state of partial or complete undress, it shall not be necessary to prove that the complainant was aware of the invasion of privacy when it took place, if it is proved that when the complainant did become aware of it he or she felt insulted or degraded by it.
 +
 
(5)  It shall be a defence to a charge of criminal insult based upon an invasion of privacy for the person charged to prove that his or her conduct was motivated solely by the desire to obtain evidence of the commission of adultery by his or her spouse and that?
 
(5)  It shall be a defence to a charge of criminal insult based upon an invasion of privacy for the person charged to prove that his or her conduct was motivated solely by the desire to obtain evidence of the commission of adultery by his or her spouse and that?
(a) he or she had reasonable grounds for believing that his or her spouse was committing or about to commit adultery;  and
+
 
(b) he or she had reasonable grounds for believing that he or she was not invading the privacy of innocent persons;  and
+
(a) he or she had reasonable grounds for believing that his or her spouse was committing or about to commit adultery;  and
(c) the invasion of privacy that occurred was no more than was reasonably necessary for the purpose of obtaining evidence of his or her spouse's adultery.
+
 
 +
(b)   he or she had reasonable grounds for believing that he or she was not invading the privacy of innocent persons;  and
 +
 
 +
(c) the invasion of privacy that occurred was no more than was reasonably necessary for the purpose of obtaining evidence of his or her spouse's adultery.
 +
 
 
(6)  The defence referred to in subsection (5) shall avail a person who is?
 
(6)  The defence referred to in subsection (5) shall avail a person who is?
(a) licensed as a private investigator in terms of the Private Investigators and Security Guards (Control) Act [Chapter 27:10];  and
+
 
(b) engaged by a person to obtain evidence of the commission of adultery by the spouse of that person.
+
(a) licensed as a private investigator in terms of the Private Investigators and Security Guards (Control) Act [Chapter 27:10];  and
 +
 
 +
(b) engaged by a person to obtain evidence of the commission of adultery by the spouse of that person.
 +
 
 
(7)  For the avoidance of doubt it is declared that no person in Zimbabwe is devoid of dignity, whatever his or her occupation or mode of life, and that the dignity of all persons is entitled to the protection of the law.
 
(7)  For the avoidance of doubt it is declared that no person in Zimbabwe is devoid of dignity, whatever his or her occupation or mode of life, and that the dignity of all persons is entitled to the protection of the law.
96 Criminal defamation
+
 
 +
'''96 Criminal defamation'''
 +
 
 
(1)  Any person who, intending to harm the reputation of another person, publishes a statement which?
 
(1)  Any person who, intending to harm the reputation of another person, publishes a statement which?
(a) when he or she published it, he or she knew was false in a material particular or realised that there was a real risk or possibility that it might be false in a material particular;  and
+
 
(b) causes serious harm to the reputation of that other person or creates a real risk or possibility of causing serious harm to that other person's reputation;
+
(a) when he or she published it, he or she knew was false in a material particular or realised that there was a real risk or possibility that it might be false in a material particular;  and
 +
 
 +
(b) causes serious harm to the reputation of that other person or creates a real risk or possibility of causing serious harm to that other person's reputation;
 +
 
 
shall be guilty of criminal defamation and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding two years or both.
 
shall be guilty of criminal defamation and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding two years or both.
 +
 
(2)  In deciding whether the publication of a statement has caused harm to a person's reputation that is sufficiently serious to constitute the crime of criminal defamation, a court shall take into account the following factors in addition to any others that are relevant to the particular case?
 
(2)  In deciding whether the publication of a statement has caused harm to a person's reputation that is sufficiently serious to constitute the crime of criminal defamation, a court shall take into account the following factors in addition to any others that are relevant to the particular case?
(a) the extent to which the accused has persisted with the allegations made in the statement;
+
 
(b) the extravagance of any allegations made in the statement;
+
(a) the extent to which the accused has persisted with the allegations made in the statement;
(c) the nature and extent of publication of the statement;
+
 
(d) whether and to what extent the interests of the State or any community have been detrimentally affected by the publication.
+
(b) the extravagance of any allegations made in the statement;
 +
 
 +
(c) the nature and extent of publication of the statement;
 +
 
 +
(d) whether and to what extent the interests of the State or any community have been detrimentally affected by the publication.
 +
 
 
(3)  Subject to subsection (4), a person accused of criminal defamation arising out of the publication of a statement shall be entitled to avail himself or herself of any defence that would be available to him or her in civil proceedings for defamation arising out of the same publication of the same statement.
 
(3)  Subject to subsection (4), a person accused of criminal defamation arising out of the publication of a statement shall be entitled to avail himself or herself of any defence that would be available to him or her in civil proceedings for defamation arising out of the same publication of the same statement.
 +
 
(4)  If it is proved in a prosecution for criminal defamation that the defamatory statement was made known to any person, it shall be presumed, unless the contrary is proved, that the person understood its defamatory significance.
 
(4)  If it is proved in a prosecution for criminal defamation that the defamatory statement was made known to any person, it shall be presumed, unless the contrary is proved, that the person understood its defamatory significance.
  
PART VI
+
'''PART VI'''
WITCHCRAFT, WITCH-FINDING AND CRIMES RELATED THERETO
+
 
97 Interpretation in Part VI of Chapter V
+
'''WITCHCRAFT, WITCH-FINDING AND CRIMES RELATED THERETO'''
 +
 
 +
'''97 Interpretation in Part VI of Chapter V'''
 +
 
 
In this Part?
 
In this Part?
 
"accuse a person of witchcraft" means to indicate that the person?
 
"accuse a person of witchcraft" means to indicate that the person?

Revision as of 14:06, 30 April 2010