Difference between revisions of "Zimbabwe Criminal Code"

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(1)  Any person who?
 
(1)  Any person who?
  
−
(a) being a male person?
+
(a) being a male person?
  
−
(i) commits upon a female person any act, other than sexual intercourse or anal sexual intercourse, involving the penetration of any part of the female person's body or of his own body;  or
+
(i) commits upon a female person any act, other than sexual intercourse or anal sexual intercourse, involving the penetration of any part of the female person's body or of his own body;  or
  
−
(ii) commits upon a male person anal sexual intercourse or any other act involving the penetration of any part of the other male person's body or of his own body;
+
(ii) commits upon a male person anal sexual intercourse or any other act involving the penetration of any part of the other male person's body or of his own body;
  
−
(b) being a female person?
+
(b) being a female person?
  
−
(i) has sexual intercourse with or commits upon a male person any other act involving the penetration of any part of the male person's body or of her own body;  or
+
(i) has sexual intercourse with or commits upon a male person any other act involving the penetration of any part of the male person's body or of her own body;  or
  
−
(ii) commits upon a female person any act involving the penetration of any part of the other female person's body or of her own body;
+
(ii) commits upon a female person any act involving the penetration of any part of the other female person's body or of her own body;
  
 
with indecent intent and knowing that the other person has not consented to it or realising that there is a real risk or possibility that the other person may not have consented to it, shall be guilty of aggravated indecent assault and liable to the same penalty as is provided for rape.
 
with indecent intent and knowing that the other person has not consented to it or realising that there is a real risk or possibility that the other person may not have consented to it, shall be guilty of aggravated indecent assault and liable to the same penalty as is provided for rape.
Line 2,187: Line 2,187:
  
  
−
(a) any sheep, goat, pig, poultry, ostrich, pigeon, rabbit, or bovine or equine animal; or
+
(a) any sheep, goat, pig, poultry, ostrich, pigeon, rabbit, or bovine or equine animal; or
−
(b) any domesticated game; or
+
 
−
(c) the carcass or any portion of a carcass of any slaughtered livestock as defined in paragraph (a) or (b);
+
(b) any domesticated game; or
 +
 
 +
(c) the carcass or any portion of a carcass of any slaughtered livestock as defined in paragraph (a) or (b);
 +
 
 
"produce" includes the whole or any part of any skin, hide, horn or egg of livestock or any wool or mohair.
 
"produce" includes the whole or any part of any skin, hide, horn or egg of livestock or any wool or mohair.
 +
 
(2)  Any person who?
 
(2)  Any person who?
−
(a) takes livestock or its produce?
+
 
−
(i) knowing that another person is entitled to own, possess or control the livestock or its produce or realising that there is a real risk or possibility that another person may be so entitled;  and
+
(a) takes livestock or its produce?
−
(ii) intending to deprive the other person permanently of his or her ownership, possession or control, or realising that there is a real risk or possibility that he or she may so deprive the other person of his or her ownership, possession or control;
+
 
−
or
+
(i) knowing that another person is entitled to own, possess or control the livestock or its produce or realising that there is a real risk or possibility that another person may be so entitled;  and
−
(b) takes possession of stolen livestock or its produce?
+
 
−
(i) knowing that it has been stolen;  or
+
(ii) intending to deprive the other person permanently of his or her ownership, possession or control, or realising that there is a real risk or possibility that he or she may so deprive the other person of his or her ownership, possession or control;
−
(ii) realising that there is a real risk or possibility that it has been stolen;
+
 
−
or
+
or
−
(c) is found in possession of, or has been in possession of, livestock or its produce in circumstances which give rise, either at the time of the possession or at any time thereafter, to a reasonable suspicion that at the time of such possession the livestock or its produce was stolen, and who is unable at any time to give a satisfactory explanation of his or her possession;  or
+
 
−
(d) acquires or receives into his or her possession from any other person any stolen livestock or produce without reasonable cause (the proof whereof lies on him or her) for believing at the time of acquiring or receiving such livestock or produce that it was the property of the person from whom he or she acquired or received it or that such person was duly authorised by the owner thereof to deal with it or dispose of it;
+
(b) takes possession of stolen livestock or its produce?
 +
 
 +
(i) knowing that it has been stolen;  or
 +
 
 +
(ii) realising that there is a real risk or possibility that it has been stolen;
 +
 
 +
or
 +
 
 +
(c) is found in possession of, or has been in possession of, livestock or its produce in circumstances which give rise, either at the time of the possession or at any time thereafter, to a reasonable suspicion that at the time of such possession the livestock or its produce was stolen, and who is unable at any time to give a satisfactory explanation of his or her possession;  or
 +
 
 +
(d) acquires or receives into his or her possession from any other person any stolen livestock or produce without reasonable cause (the proof whereof lies on him or her) for believing at the time of acquiring or receiving such livestock or produce that it was the property of the person from whom he or she acquired or received it or that such person was duly authorised by the owner thereof to deal with it or dispose of it;
 +
 
 
shall be guilty of stock theft and liable?
 
shall be guilty of stock theft and liable?
−
(e) if the stock theft involved any bovine or equine animal stolen in the circumstances described in paragraph (a) or (b), and there are no special circumstances in the particular case as provided in subsection (3), to imprisonment for a period of not less than nine years or more than twenty-five years;  or
+
 
−
(f) if the stock theft was committed in the circumstances described in paragraph (a) or (b) but did not involve any bovine or equine animal, or was committed in the circumstances described in paragraph (c) or (d)?
+
(e) if the stock theft involved any bovine or equine animal stolen in the circumstances described in paragraph (a) or (b), and there are no special circumstances in the particular case as provided in subsection (3), to imprisonment for a period of not less than nine years or more than twenty-five years;  or
−
(i) to a fine not exceeding level fourteen or twice the value of the stolen property, whichever is the greater;  or
+
 
−
(ii) to imprisonment for a period not exceeding twenty-five years;
+
(f) if the stock theft was committed in the circumstances described in paragraph (a) or (b) but did not involve any bovine or equine animal, or was committed in the circumstances described in paragraph (c) or (d)?
−
or both.
+
 
 +
(i) to a fine not exceeding level fourteen or twice the value of the stolen property, whichever is the greater;  or
 +
 
 +
(ii) to imprisonment for a period not exceeding twenty-five years;
 +
 
 +
or both.
 +
 
 
(3)  If a person convicted of stock theft involving any bovine or equine animal stolen in the circumstances described in paragraph (a) or (b) of subsection (2) satisfies the court that there are special circumstances peculiar to the case, which circumstances shall be recorded by the court, why the penalty provided under paragraph (e) of subsection (2) should not be imposed, the convicted person shall be liable to the penalty provided under paragraph (f) of subsection (2).
 
(3)  If a person convicted of stock theft involving any bovine or equine animal stolen in the circumstances described in paragraph (a) or (b) of subsection (2) satisfies the court that there are special circumstances peculiar to the case, which circumstances shall be recorded by the court, why the penalty provided under paragraph (e) of subsection (2) should not be imposed, the convicted person shall be liable to the penalty provided under paragraph (f) of subsection (2).
 +
 
(4)  A court sentencing a person under paragraph (e) of subsection (2)?
 
(4)  A court sentencing a person under paragraph (e) of subsection (2)?
−
(a) to the minimum sentence of imprisonment of nine years, shall not order that the operation of the whole or any part of the sentence be suspended;
+
 
−
(b) to imprisonment in excess of the minimum sentence of imprisonment of nine years, may order that the operation of the whole or any part of the sentence exceeding nine years be suspended.
+
(a) to the minimum sentence of imprisonment of nine years, shall not order that the operation of the whole or any part of the sentence be suspended;
 +
 
 +
(b) to imprisonment in excess of the minimum sentence of imprisonment of nine years, may order that the operation of the whole or any part of the sentence exceeding nine years be suspended.
 +
 
 
(5)  Any person who enters any cattle kraal, stable, byre, fold, pen, sty, loft, coop, run, building or other enclosure with intent to steal any livestock or its produce therefrom shall be guilty of attempted stock theft and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding two years or both.
 
(5)  Any person who enters any cattle kraal, stable, byre, fold, pen, sty, loft, coop, run, building or other enclosure with intent to steal any livestock or its produce therefrom shall be guilty of attempted stock theft and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding two years or both.
 +
 
(6)  When any person is accused of a contravention of subsection (5), the onus shall be on such person to prove that he or she had no intention of stealing any livestock or its produce.
 
(6)  When any person is accused of a contravention of subsection (5), the onus shall be on such person to prove that he or she had no intention of stealing any livestock or its produce.
 
(7)  A person accused of contravening?
 
(7)  A person accused of contravening?
−
(a) paragraph (a) or (b) of subsection (2) may be found guilty of theft or receiving stolen property knowing it to have been stolen, if such a conviction is the more appropriate on the evidence;
+
 
−
(b) paragraph (c) or (d) of subsection (2) may be found guilty of theft, receiving stolen property knowing it to have been stolen or possessing property reasonably suspected of being stolen, if such conviction is the more appropriate on the evidence;
+
(a) paragraph (a) or (b) of subsection (2) may be found guilty of theft or receiving stolen property knowing it to have been stolen, if such a conviction is the more appropriate on the evidence;
−
(c) paragraph (c) or (d) of subsection (2) may be charged concurrently or alternatively with theft, receiving stolen property knowing it to have been stolen or possessing property reasonably suspected of being stolen.
+
 
 +
(b) paragraph (c) or (d) of subsection (2) may be found guilty of theft, receiving stolen property knowing it to have been stolen or possessing property reasonably suspected of being stolen, if such conviction is the more appropriate on the evidence;
 +
 
 +
(c) paragraph (c) or (d) of subsection (2) may be charged concurrently or alternatively with theft, receiving stolen property knowing it to have been stolen or possessing property reasonably suspected of being stolen.
 +
 
 
(8)  Any person charged with the stock theft involving livestock or its produce belonging to a particular person may be found guilty of stock theft, theft or any other crime of which he or she may be found guilty in terms of Chapter XV notwithstanding the fact that the prosecution has failed to prove that such livestock or produce actually did belong to such particular person.
 
(8)  Any person charged with the stock theft involving livestock or its produce belonging to a particular person may be found guilty of stock theft, theft or any other crime of which he or she may be found guilty in terms of Chapter XV notwithstanding the fact that the prosecution has failed to prove that such livestock or produce actually did belong to such particular person.
−
115 When persons deemed to intend to deprive others permanently of property
+
 
 +
'''115 When persons deemed to intend to deprive others permanently of property'''
 +
 
 
Without limiting the expression in any way, a person shall be deemed for the purpose of sections one hundred and thirteen and one hundred and fourteen to intend to deprive another person permanently of that person's ownership, possession or control of property if?
 
Without limiting the expression in any way, a person shall be deemed for the purpose of sections one hundred and thirteen and one hundred and fourteen to intend to deprive another person permanently of that person's ownership, possession or control of property if?
−
(a) having taken possession or assumed control of the property, he or she?
+
 
−
(i) abandons it without regard to whether or not it is restored to the other person;  or
+
(a) having taken possession or assumed control of the property, he or she?
−
(ii) subjects it to a use which he or she realises will destroy it;
+
 
−
or
+
(i) abandons it without regard to whether or not it is restored to the other person;  or
−
(b) he or she consumes the property, intending to return identical property to the other person;  or
+
 
−
(c) the property being money, he or she spends it, intending to return the same amount to the other person.
+
(ii) subjects it to a use which he or she realises will destroy it;
−
116 Unauthorised borrowing or use of property
+
 
 +
or
 +
 
 +
(b) he or she consumes the property, intending to return identical property to the other person;  or
 +
 
 +
(c) the property being money, he or she spends it, intending to return the same amount to the other person.
 +
 
 +
'''116 Unauthorised borrowing or use of property'''
 +
 
 
Any person who, knowing that another person is entitled to own, possess or control any property capable of being stolen or realising that there is a real risk or possibility that another person may be so entitled, takes possession or control of the property without the consent of that other person, intending to temporarily hold or make temporary use of it and then return it to that other person's possession or control, shall be guilty of unauthorised borrowing or use of property, and liable to?
 
Any person who, knowing that another person is entitled to own, possess or control any property capable of being stolen or realising that there is a real risk or possibility that another person may be so entitled, takes possession or control of the property without the consent of that other person, intending to temporarily hold or make temporary use of it and then return it to that other person's possession or control, shall be guilty of unauthorised borrowing or use of property, and liable to?
−
(a) a fine not exceeding level fourteen or not exceeding twice the value of the property which forms the subject of the charge, whichever is the greater;  or
+
 
−
(b) imprisonment for a period not exceeding two years;
+
(a) a fine not exceeding level fourteen or not exceeding twice the value of the property which forms the subject of the charge, whichever is the greater;  or
 +
 
 +
(b) imprisonment for a period not exceeding two years;
 +
 
 
or both.
 
or both.
−
117 Making off without payment
+
 
 +
'''117 Making off without payment'''
 +
 
 
(1)  In this section?
 
(1)  In this section?
 +
 
"payment on the spot" includes?
 
"payment on the spot" includes?
−
(a) in relation to the provision of a service, payment at the time of collecting goods on which work has been done or in respect of which a service has been provided;
+
 
−
(b) payment before leaving the premises in or upon which the service or goods were provided.
+
(a) in relation to the provision of a service, payment at the time of collecting goods on which work has been done or in respect of which a service has been provided;
 +
 
 +
(b) payment before leaving the premises in or upon which the service or goods were provided.
 +
 
 
(2)  Any person who benefits from a service or consumes any goods lawfully provided to him or her and, knowing that payment on the spot for the service or goods is required or expected from him or her, intentionally makes off without paying for the service or goods, shall be guilty of making off without payment, and liable to?
 
(2)  Any person who benefits from a service or consumes any goods lawfully provided to him or her and, knowing that payment on the spot for the service or goods is required or expected from him or her, intentionally makes off without paying for the service or goods, shall be guilty of making off without payment, and liable to?
−
(a) a fine not exceeding level seven or not exceeding twice the value of the service or goods which form the subject of the charge, whichever is the greater;  or
+
 
−
(b) imprisonment for a period not exceeding two years;
+
(a) a fine not exceeding level seven or not exceeding twice the value of the service or goods which form the subject of the charge, whichever is the greater;  or
 +
 
 +
(b) imprisonment for a period not exceeding two years;
 +
 
 
or both.
 
or both.
 +
 
(3)  If it is proved in a prosecution for making off without payment that a person, having benefited from a service or consumed any goods lawfully provided to him or her, absented himself or herself without paying for the service or goods, and that the service or goods are of a kind for which payment on the spot is ordinarily required, then it shall be presumed, unless the contrary is proved, that?
 
(3)  If it is proved in a prosecution for making off without payment that a person, having benefited from a service or consumed any goods lawfully provided to him or her, absented himself or herself without paying for the service or goods, and that the service or goods are of a kind for which payment on the spot is ordinarily required, then it shall be presumed, unless the contrary is proved, that?
−
(a) he or she knew that payment on the spot for the service or goods was required or expected from him or her;  and
+
 
−
(b) he or she intentionally made off without paying for the service or goods.
+
(a) he or she knew that payment on the spot for the service or goods was required or expected from him or her;  and
−
118 Mistake of fact in cases of theft, stock theft or unauthorised borrowing or use of property
+
 
 +
(b) he or she intentionally made off without paying for the service or goods.
 +
 
 +
'''118 Mistake of fact in cases of theft, stock theft or unauthorised borrowing or use of property'''
 +
 
 
(1)  It shall be a defence to a charge of theft, stock theft or unauthorised borrowing or use of property that the accused took the property concerned, genuinely but mistakenly believing that?
 
(1)  It shall be a defence to a charge of theft, stock theft or unauthorised borrowing or use of property that the accused took the property concerned, genuinely but mistakenly believing that?
−
(a) the owner of the property, or the person entitled to possess or control it, had consented to the taking or would have consented if he or she had known of the circumstances;  or
+
 
−
(b) the property was his or her own property and no other person was entitled to possess or control it;  or
+
(a) the owner of the property, or the person entitled to possess or control it, had consented to the taking or would have consented if he or she had known of the circumstances;  or
−
(c) the property had been finally and absolutely abandoned, that is, that the owner had thrown it away or otherwise disposed of it intending to relinquish all his or her rights to it:
+
 
−
Provided that such a belief shall not be a defence to a charge of theft of lost property unless?
+
(b) the property was his or her own property and no other person was entitled to possess or control it;  or
−
(i) regard being had to the nature and value of the property and the circumstances of its finding, the belief was reasonable;  or
+
 
−
(ii) the accused took all reasonable steps to find the owner of the property and reported his or her finding of it to the police or other appropriate authority.
+
(c) the property had been finally and absolutely abandoned, that is, that the owner had thrown it away or otherwise disposed of it intending to relinquish all his or her rights to it:
 +
 
 +
Provided that such a belief shall not be a defence to a charge of theft of lost property unless?
 +
 
 +
(i) regard being had to the nature and value of the property and the circumstances of its finding, the belief was reasonable;  or
 +
 
 +
(ii) the accused took all reasonable steps to find the owner of the property and reported his or her finding of it to the police or other appropriate authority.
 +
 
 
(2)  Subsection (1) shall not be construed as limiting or excluding the application of Chapter XIV in relation to theft, stock theft or unlawful borrowing or use of property.
 
(2)  Subsection (1) shall not be construed as limiting or excluding the application of Chapter XIV in relation to theft, stock theft or unlawful borrowing or use of property.
 +
 
(3)  Where a person takes possession or control of any property with the mistaken consent or acquiescence of the person from whom he or she takes it, that consent shall not be a defence to a charge of theft, stock theft or unlawful borrowing or use of the property if the person who takes the property?
 
(3)  Where a person takes possession or control of any property with the mistaken consent or acquiescence of the person from whom he or she takes it, that consent shall not be a defence to a charge of theft, stock theft or unlawful borrowing or use of the property if the person who takes the property?
−
(a) knows of the mistake at the time he or she takes the property;  or
+
 
−
(b) deals with or uses or keeps the property after he or she has become aware of the mistake.
+
(a) knows of the mistake at the time he or she takes the property;  or
−
119 Unavailable defences to charge of theft, stock theft or unauthorised borrowing or use of property
+
 
 +
(b) deals with or uses or keeps the property after he or she has become aware of the mistake.
 +
 
 +
'''119 Unavailable defences to charge of theft, stock theft or unauthorised borrowing or use of property'''
 +
 
 
(1)  It shall not be a defence to a charge of theft, stock theft or unauthorised borrowing or use of property that the person charged?
 
(1)  It shall not be a defence to a charge of theft, stock theft or unauthorised borrowing or use of property that the person charged?
−
(a) took the property concerned in circumstances other than those described in subsection (1) of section one hundred and eighteen, genuinely but mistakenly believing?
+
 
−
(i) that he or she had a legal right to take the property on his or her own behalf or on behalf of someone else;  and
+
(a) took the property concerned in circumstances other than those described in subsection (1) of section one hundred and eighteen, genuinely but mistakenly believing?
−
(ii) in the case of a charge of theft, that he or she had a legal right permanently to deprive the person from whom he or she took the property of his or her ownership, possession or control of it;
+
 
−
or
+
(i) that he or she had a legal right to take the property on his or her own behalf or on behalf of someone else;  and
−
(b) did not intend to gain any personal benefit from the property concerned;  or
+
 
−
(c) needed the property concerned because he or she was suffering hardship;  or  
+
(ii) in the case of a charge of theft, that he or she had a legal right permanently to deprive the person from whom he or she took the property of his or her ownership, possession or control of it;
−
(d) believed that the person entitled to own, possess or control the property had more property than he or she needed for his or her own purposes;  or
+
 
−
(e) did not intend to prejudice the person entitled to own, possess or control the property;  or
+
or
−
(f) in the case of a charge of theft or stock theft, intended to return the property to the person entitled to own, possess or control it, having originally taken it with the intention of permanently depriving that person of his or her ownership, possession or control;  or
+
 
−
(g) did not know the identity of the person entitled to own, possess or control the property.
+
(b) did not intend to gain any personal benefit from the property concerned;  or
 +
 
 +
(c) needed the property concerned because he or she was suffering hardship;  or  
 +
 
 +
(d) believed that the person entitled to own, possess or control the property had more property than he or she needed for his or her own purposes;  or
 +
 
 +
(e) did not intend to prejudice the person entitled to own, possess or control the property;  or
 +
 
 +
(f) in the case of a charge of theft or stock theft, intended to return the property to the person entitled to own, possess or control it, having originally taken it with the intention of permanently depriving that person of his or her ownership, possession or control;  or
 +
 
 +
(g) did not know the identity of the person entitled to own, possess or control the property.
 +
 
 
(2)  Where a person holds trust property it shall not be a defence to a charge of theft, stock theft or unlawful borrowing or use of the property that the person genuinely but mistakenly believed that the law, in the absence of an express stipulation to the contrary under the terms on which he or she holds the property, allowed him or her to spend, consume or dispose of that property provided that he or she replaced it.
 
(2)  Where a person holds trust property it shall not be a defence to a charge of theft, stock theft or unlawful borrowing or use of the property that the person genuinely but mistakenly believed that the law, in the absence of an express stipulation to the contrary under the terms on which he or she holds the property, allowed him or her to spend, consume or dispose of that property provided that he or she replaced it.
 +
 
(3)  A court may regard the factors referred to in paragraphs (a), (b), (c) and (e) of subsection (1), and subsection (2), as mitigatory when assessing the sentence to be imposed upon a person convicted of theft, stock theft or unauthorised borrowing or use of property.
 
(3)  A court may regard the factors referred to in paragraphs (a), (b), (c) and (e) of subsection (1), and subsection (2), as mitigatory when assessing the sentence to be imposed upon a person convicted of theft, stock theft or unauthorised borrowing or use of property.
−
120 Joint ownership no defence
+
 
 +
'''120 Joint ownership no defence'''
 +
 
 
It shall not be a defence to a charge of theft, stock theft or unauthorised borrowing or use of property that the accused was a co-owner of the property that forms the subject of the charge, whether the co-ownership arises through marriage or a partnership or otherwise, if?
 
It shall not be a defence to a charge of theft, stock theft or unauthorised borrowing or use of property that the accused was a co-owner of the property that forms the subject of the charge, whether the co-ownership arises through marriage or a partnership or otherwise, if?
 
(a) the taking, dealing with or using of the property was not authorised by any agreement between the accused and his or her co-owner, spouse or partner;  and
 
(a) the taking, dealing with or using of the property was not authorised by any agreement between the accused and his or her co-owner, spouse or partner;  and

Revision as of 15:44, 30 April 2010

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