Difference between revisions of "Zimbabwe Criminal Code"

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(3)  For the purposes of subsection (2), robbery is committed in aggravating circumstances if the convicted person or an accomplice of the convicted person ?
 
(3)  For the purposes of subsection (2), robbery is committed in aggravating circumstances if the convicted person or an accomplice of the convicted person ?
−
(a) possessed a firearm or a dangerous weapon;  or  
+
 
−
(b) inflicted or threatened to inflict serious bodily injury upon any person;  or
+
(a) possessed a firearm or a dangerous weapon;  or  
−
(c) killed a person;
+
 
 +
(b) inflicted or threatened to inflict serious bodily injury upon any person;  or
 +
 
 +
(c) killed a person;
 +
 
 
on the occasion on which the crime was committed.
 
on the occasion on which the crime was committed.
−
127 Robbery where complainant abandons control over property
+
 
 +
'''127 Robbery where complainant abandons control over property'''
 +
 
 
It shall not be a defence to a charge of robbery that, when the accused took possession or control over the property, the person who had lawful control over it was no longer exercising such control, if?
 
It shall not be a defence to a charge of robbery that, when the accused took possession or control over the property, the person who had lawful control over it was no longer exercising such control, if?
−
(a) when the accused first used violence or the threat of violence, that other person was in control of the property;  and
+
 
−
(b) the effect of the violence or threat of violence was to render that other person unconscious or to cause him or her to run away or abandon the property or otherwise to render him or her incapable of exercising control over it.
+
(a) when the accused first used violence or the threat of violence, that other person was in control of the property;  and
−
128 Defences to charge of robbery
+
 
 +
(b) the effect of the violence or threat of violence was to render that other person unconscious or to cause him or her to run away or abandon the property or otherwise to render him or her incapable of exercising control over it.
 +
 
 +
'''128 Defences to charge of robbery'''
 +
 
 
A person accused of robbery shall be entitled to rely upon any defence that would have been available to the accused if he or she had been accused of theft of the property concerned.
 
A person accused of robbery shall be entitled to rely upon any defence that would have been available to the accused if he or she had been accused of theft of the property concerned.
−
129 Threat of future violence
+
 
 +
'''129 Threat of future violence'''
 +
 
 
(1)  The taking, dealing with, using or keeping of property by means of a threat of violence shall not constitute robbery unless the threat is of immediate violence, that is to say, is a threat that violence will be used immediately if control over the property is not surrendered.
 
(1)  The taking, dealing with, using or keeping of property by means of a threat of violence shall not constitute robbery unless the threat is of immediate violence, that is to say, is a threat that violence will be used immediately if control over the property is not surrendered.
 +
 
(2)  Nothing in this section shall prevent a person who uses a threat of future violence to obtain control over property from being charged with extortion.
 
(2)  Nothing in this section shall prevent a person who uses a threat of future violence to obtain control over property from being charged with extortion.
−
PART II
+
 
−
CRIMES INVOLVING ENTERING OR BEING IN OR ON PREMISES OR LAND
+
'''PART II'''
−
130 Interpretation in Part II of Chapter VI
+
 
 +
'''CRIMES INVOLVING ENTERING OR BEING IN OR ON PREMISES OR LAND'''
 +
 
 +
'''130 Interpretation in Part II of Chapter VI'''
 +
 
 
In this Part*
 
In this Part*
 +
 
"enter", in relation to any premises, land or enclosed area, includes*
 
"enter", in relation to any premises, land or enclosed area, includes*
−
(a) for the purposes of sections one hundred and thirty-one and one hundred and thirty-two, to insert any part of one's body or an instrument into the premises, land or enclosed area;
+
 
−
(b) to open or break open a door, window or gate or otherwise to remove an obstacle to entry into the premises, land or enclosed area;
+
(a) for the purposes of sections one hundred and thirty-one and one hundred and thirty-two, to insert any part of one's body or an instrument into the premises, land or enclosed area;
−
(c) to enter the premises, land or enclosed area without having removed an obstacle, as where entry is effected through an open door, window or gate;
+
 
 +
(b) to open or break open a door, window or gate or otherwise to remove an obstacle to entry into the premises, land or enclosed area;
 +
 
 +
(c) to enter the premises, land or enclosed area without having removed an obstacle, as where entry is effected through an open door, window or gate;
 +
 
 
"lawful occupier", in relation to any land, enclosed area or premises, means any person who has lawful authority to control entry into or access to the land, area or premises;
 
"lawful occupier", in relation to any land, enclosed area or premises, means any person who has lawful authority to control entry into or access to the land, area or premises;
 +
 
"premises" means any movable or immovable building or structure which is used for human habitation or for storage, and includes an outbuilding, a shed, a caravan, a boat or a tent.
 
"premises" means any movable or immovable building or structure which is used for human habitation or for storage, and includes an outbuilding, a shed, a caravan, a boat or a tent.
−
131 Unlawful entry into premises
+
 
 +
'''131 Unlawful entry into premises'''
 +
 
 
(1)  Any person who, intentionally and without permission or authority from the lawful occupier of the premises concerned, or without other lawful authority, enters the premises shall be guilty of unlawful entry into premises and liable*
 
(1)  Any person who, intentionally and without permission or authority from the lawful occupier of the premises concerned, or without other lawful authority, enters the premises shall be guilty of unlawful entry into premises and liable*
−
(a) to a fine not exceeding level thirteen or not exceeding twice the value of any property stolen, destroyed or damaged by the person as a result of the crime, whichever is the greater, or imprisonment for a period not exceeding fifteen years, or both, if the crime was committed in any one or more of the aggravating circumstances set out in subsection (2);  or
+
 
−
(b) in any other case, to a fine not exceeding level ten or not exceeding twice the value of any property destroyed or damaged by the person as a result of the crime, whichever is the greater, or imprisonment for a period not exceeding ten years, or both.
+
(a) to a fine not exceeding level thirteen or not exceeding twice the value of any property stolen, destroyed or damaged by the person as a result of the crime, whichever is the greater, or imprisonment for a period not exceeding fifteen years, or both, if the crime was committed in any one or more of the aggravating circumstances set out in subsection (2);  or
 +
 
 +
(b) in any other case, to a fine not exceeding level ten or not exceeding twice the value of any property destroyed or damaged by the person as a result of the crime, whichever is the greater, or imprisonment for a period not exceeding ten years, or both.
 +
 
 
(2)  For the purposes of paragraph (a) of subsection (1), the crime of unlawful entry into  premises is committed in aggravating circumstances if, on the occasion on which the crime was committed, the convicted person*
 
(2)  For the purposes of paragraph (a) of subsection (1), the crime of unlawful entry into  premises is committed in aggravating circumstances if, on the occasion on which the crime was committed, the convicted person*
−
(a) entered a dwelling-house;  or
+
 
−
(b) knew there were people present in the  premises;  or
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(a) entered a dwelling-house;  or
−
(c) carried a weapon;  or
+
 
−
(d) used violence against any person, or damaged or destroyed any property, in effecting the entry;  or
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(b) knew there were people present in the  premises;  or
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(e) committed or intended to commit some other crime.
+
 
−
132 Criminal trespass
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(c) carried a weapon;  or
 +
 
 +
(d) used violence against any person, or damaged or destroyed any property, in effecting the entry;  or
 +
 
 +
(e) committed or intended to commit some other crime.
 +
 
 +
'''132 Criminal trespass'''
 +
 
 
(1)  Any person who*
 
(1)  Any person who*
−
(a) enters any land knowing or realising that there is a real risk or possibility that such entry is forbidden;  or
+
 
−
(b) having entered any land, fails or refuses without lawful excuse to leave the land when called upon to do so by the lawful occupier or any other person with apparent authority to require him or her to leave;
+
(a) enters any land knowing or realising that there is a real risk or possibility that such entry is forbidden;  or
 +
 
 +
(b) having entered any land, fails or refuses without lawful excuse to leave the land when called upon to do so by the lawful occupier or any other person with apparent authority to require him or her to leave;
 +
 
 
shall be guilty of criminal trespass and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
 
shall be guilty of criminal trespass and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
 +
 
(2)  It shall be presumed, unless the contrary is shown, that a person accused of criminal trespass knew or realised that there was a real risk or possibility that entry into the land in question was forbidden where the land was an enclosed area.
 
(2)  It shall be presumed, unless the contrary is shown, that a person accused of criminal trespass knew or realised that there was a real risk or possibility that entry into the land in question was forbidden where the land was an enclosed area.
 +
  
−
(a) an "enclosed area" means an area of land the perimeter of which is enclosed by a sufficient wall, fence or hedge that is continuous except for one or more entrances that are barred or capable of being barred by a gate or other means;  and
+
 
−
(b) in considering whether a wall, fence or hedge is "sufficient", no regard shall be had to its design or state of repair as long as it is apparent to a reasonable person that the wall, fence or hedge was intended to enclose the area of land concerned.
+
(a) an "enclosed area" means an area of land the perimeter of which is enclosed by a sufficient wall, fence or hedge that is continuous except for one or more entrances that are barred or capable of being barred by a gate or other means;  and
−
PART III
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−
EXTORTION
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(b) in considering whether a wall, fence or hedge is "sufficient", no regard shall be had to its design or state of repair as long as it is apparent to a reasonable person that the wall, fence or hedge was intended to enclose the area of land concerned.
−
133 Interpretation in Part III of Chapter VI
+
 
 +
'''PART III'''
 +
 
 +
'''EXTORTION'''
 +
 
 +
'''133 Interpretation in Part III of Chapter VI'''
 +
 
 
In this Part*
 
In this Part*
 +
 
"advantage" means any right, interest, profit, indemnity, favour or advantage of any kind whatsoever which benefits a person, whether lawfully or otherwise, or which a person believes will so benefit him or her;
 
"advantage" means any right, interest, profit, indemnity, favour or advantage of any kind whatsoever which benefits a person, whether lawfully or otherwise, or which a person believes will so benefit him or her;
 +
 
"exert illegitimate pressure on a person" means to do anything whatsoever which is intended to and does intimidate that person and, without limiting this definition in any way, includes*
 
"exert illegitimate pressure on a person" means to do anything whatsoever which is intended to and does intimidate that person and, without limiting this definition in any way, includes*
−
(a) to threaten to do something that is lawful for the purpose of extracting an unlawful advantage from another person;  and
+
 
−
(b) to threaten to do something that is unlawful for the purpose of extracting a lawful advantage from another person.
+
(a) to threaten to do something that is lawful for the purpose of extracting an unlawful advantage from another person;  and
−
134 Extortion
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(b) to threaten to do something that is unlawful for the purpose of extracting a lawful advantage from another person.
 +
 
 +
'''134 Extortion'''
 +
 
 
(1)  Any person who*
 
(1)  Any person who*
−
(a) intentionally exerts illegitimate pressure on another person with the purpose of extracting an advantage, whether for himself or herself or for some other person, and whether or not it is due to him or her, from that other person, or causing that other person loss;  and  
+
 
−
(b) by means of the illegitimate pressure, obtains the advantage, or causes the loss;
+
(a) intentionally exerts illegitimate pressure on another person with the purpose of extracting an advantage, whether for himself or herself or for some other person, and whether or not it is due to him or her, from that other person, or causing that other person loss;  and  
 +
 
 +
(b) by means of the illegitimate pressure, obtains the advantage, or causes the loss;
 +
 
 
shall be guilty of extortion and liable to*
 
shall be guilty of extortion and liable to*
−
(i) a fine not exceeding level thirteen or not exceeding twice the value of any property obtained by him or her as a result of the crime, whichever is the greater;  or
+
 
−
(ii) imprisonment for a period not exceeding fifteen years;
+
(i) a fine not exceeding level thirteen or not exceeding twice the value of any property obtained by him or her as a result of the crime, whichever is the greater;  or
 +
 
 +
(ii) imprisonment for a period not exceeding fifteen years;
 +
 
 
or both.
 
or both.
 +
 
(2)  For the avoidance of doubt it is declared that where a person, for the purpose of inducing or compelling the payment of any money or property as damages or as marriage compensation in respect of a deceased person, leaves or deposits the deceased person's body on any land or premises occupied by another person, or hinders or prevents the burial of the deceased person's body, he or she shall be guilty of extortion or, if he or she failed to induce or compel the payment of any money or property, attempted extortion.
 
(2)  For the avoidance of doubt it is declared that where a person, for the purpose of inducing or compelling the payment of any money or property as damages or as marriage compensation in respect of a deceased person, leaves or deposits the deceased person's body on any land or premises occupied by another person, or hinders or prevents the burial of the deceased person's body, he or she shall be guilty of extortion or, if he or she failed to induce or compel the payment of any money or property, attempted extortion.
 +
 
(3)  If a court convicting a person of extortion is satisfied that, as a result of the crime, any money or property was paid to the convicted person, the court may order the convicted person to repay that money or property to the person who paid it to him or her.
 
(3)  If a court convicting a person of extortion is satisfied that, as a result of the crime, any money or property was paid to the convicted person, the court may order the convicted person to repay that money or property to the person who paid it to him or her.
 +
 
(4)  Subsection (2) of section 366 and sections 367 to 375 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall, with the necessary modifications, apply in relation to any order under subsection (3) as if it had been made in terms of Part XIX of that Act.
 
(4)  Subsection (2) of section 366 and sections 367 to 375 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall, with the necessary modifications, apply in relation to any order under subsection (3) as if it had been made in terms of Part XIX of that Act.
−
PART IV
+
 
−
FRAUD AND FORGERY
+
'''PART IV'''
−
135 Interpretation in Part IV of Chapter VI
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 +
'''FRAUD AND FORGERY'''
 +
 
 +
'''135 Interpretation in Part IV of Chapter VI'''
 +
 
 
In this Part*
 
In this Part*
 +
 
"defraud" means  to commit the crime of fraud upon a person;
 
"defraud" means  to commit the crime of fraud upon a person;
 +
 
"document or item" means an embodiment of any information, design or other written or depicted matter in any material form whatsoever that is capable of being read or understood by persons or machines and, without limiting this definition in any way, includes*
 
"document or item" means an embodiment of any information, design or other written or depicted matter in any material form whatsoever that is capable of being read or understood by persons or machines and, without limiting this definition in any way, includes*
−
(a) coins, banknotes and negotiable instruments;
+
 
−
(b) receipts, certificates, vouchers, tickets, invoices, stamps, marks, licences, permits, statements of account and any entry in any book of account;
+
(a) coins, banknotes and negotiable instruments;
−
(c) paintings and other works of art;
+
 
−
(d) documents of a literary or historical nature;
+
(b) receipts, certificates, vouchers, tickets, invoices, stamps, marks, licences, permits, statements of account and any entry in any book of account;
−
(e) information stored by electronic means that is capable of being printed out or retrieved or displayed on a screen or terminal;
+
 
−
(f) any three-dimensional item;
+
(c) paintings and other works of art;
 +
 
 +
(d) documents of a literary or historical nature;
 +
 
 +
(e) information stored by electronic means that is capable of being printed out or retrieved or displayed on a screen or terminal;
 +
 
 +
(f) any three-dimensional item;
 +
 
 
"misrepresentation" means any act or omission of any kind whatsoever which wrongly or incorrectly represents any fact, law, character, circumstance, opinion or other thing whatsoever and, without limiting this definition in any way, includes*
 
"misrepresentation" means any act or omission of any kind whatsoever which wrongly or incorrectly represents any fact, law, character, circumstance, opinion or other thing whatsoever and, without limiting this definition in any way, includes*
−
(a) a false statement of fact or law or a false expression of opinion;
+
 
−
(b) silence on the part of a person who has a duty to speak, knowing that another person has been or will be misled by the silence;
+
(a) a false statement of fact or law or a false expression of opinion;
−
(c) a promise to do something in the future, when made by a person who knows that he or she will not be able to do that thing or who realises that there is a real risk or possibility that he or she may not be able to do it;
+
 
−
(d) a false statement by a person who wishes to borrow money or any other thing as to the purpose for which he or she requires the money or other thing;
+
(b) silence on the part of a person who has a duty to speak, knowing that another person has been or will be misled by the silence;
−
(e) an exaggerated claim as to any quality of a thing that is being sold, where the person who makes the claim knows or realises that the person to whom he or she makes the claim is being or is likely to be deceived thereby;
+
 
−
(f) the use, publication or uttering of a document which contains a false statement, knowing that the document contains a false statement or realising that there is a real risk or possibility that it does so;
+
(c) a promise to do something in the future, when made by a person who knows that he or she will not be able to do that thing or who realises that there is a real risk or possibility that he or she may not be able to do it;
 +
 
 +
(d) a false statement by a person who wishes to borrow money or any other thing as to the purpose for which he or she requires the money or other thing;
 +
 
 +
(e) an exaggerated claim as to any quality of a thing that is being sold, where the person who makes the claim knows or realises that the person to whom he or she makes the claim is being or is likely to be deceived thereby;
 +
 
 +
(f) the use, publication or uttering of a document which contains a false statement, knowing that the document contains a false statement or realising that there is a real risk or possibility that it does so;
 +
 
 
"potentially prejudicial" means involving a risk, which is not too fanciful or remote, of causing prejudice;
 
"potentially prejudicial" means involving a risk, which is not too fanciful or remote, of causing prejudice;
 +
 
"prejudice" means injury, harm, detriment or damage of any kind whatsoever, including material or financial prejudice, prejudice to reputation and prejudice to good administration;
 
"prejudice" means injury, harm, detriment or damage of any kind whatsoever, including material or financial prejudice, prejudice to reputation and prejudice to good administration;
 +
 
"public document or item" means a document or item, including a judicial document or item, issued by or on behalf of the State.
 
"public document or item" means a document or item, including a judicial document or item, issued by or on behalf of the State.
 +
 
136 Fraud
 
136 Fraud
 
Any person who makes a misrepresentation*
 
Any person who makes a misrepresentation*

Revision as of 15:57, 30 April 2010

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