@@ Line 4,468: / Line 4,468: @@
 (1)  Subject to this Part, the fact that a person accused of a crime was subjected to compulsion when the person did or omitted to do anything that is an essential element of the crime shall be a complete defence to the charge if?
-	(a)	the compulsion consisted of a threat?
-	(i)	unlawfully to kill him or her or cause him or her serious bodily injury or to kill or cause serious bodily injury to some other person;  or
+(a)	the compulsion consisted of a threat?
-	(ii)	unlawfully to cause him or her financial or proprietary loss;
-		and
+(i)	unlawfully to kill him or her or cause him or her serious bodily injury or to kill or cause serious bodily injury to some other person;  or
-	(b)	he or she believed on reasonable grounds that implementation of the threat referred to in paragraph (a) had begun or was imminent;  and
-	(c)	the threat referred to in paragraph (a) was not brought about through his or her own fault;  and
+(ii)	unlawfully to cause him or her financial or proprietary loss;
-	(d)	he or she believed on reasonable grounds that he or she could not escape from or resist the threat referred to in paragraph (a) and that his or her conduct was necessary to avert the implementation of the threat;  and
-	(e)	by his or her conduct he or she did no more harm than was reasonably necessary to avert the implementation of the threat referred to in paragraph (a), and no more harm than was unlawfully threatened.
+and
+(b)	he or she believed on reasonable grounds that implementation of the threat referred to in paragraph (a) had begun or was imminent;  and
+(c)	the threat referred to in paragraph (a) was not brought about through his or her own fault;  and
+(d)	he or she believed on reasonable grounds that he or she could not escape from or resist the threat referred to in paragraph (a) and that his or her conduct was necessary to avert the implementation of the threat;  and
+(e)	by his or her conduct he or she did no more harm than was reasonably necessary to avert the implementation of the threat referred to in paragraph (a), and no more harm than was unlawfully threatened.
 (2)  Where a person voluntarily associates himself or herself with one or more other persons knowing or realising that there is a real risk or possibility that they will involve him or her in the commission of a crime, any threat made against him or her by one or more of those other persons for the purpose of inducing him or her to commit a crime shall be deemed, for the purpose of paragraph (c) of subsection (1), to have been brought about through his or her own fault.
-	Additional requirements for compulsion to be complete defence to murder
+'''244	Additional requirements for compulsion to be complete defence to murder'''
 (1)  Subject to subsection (3), the fact that a person accused of murder was subjected to compulsion when he or she did or omitted to do anything that is an essential element of the crime shall not be a complete defence to the charge unless the following requirements are satisfied in addition to those specified in paragraphs (b), (c) and (d) of subsection (1) of section two hundred and forty-three?
-	(a)	the compulsion took the form of a threat unlawfully to kill the accused or some other person immediately if the accused did not kill or assist in killing the deceased;  and
-	(b)	the accused could not escape from or resist the threat referred to in paragraph (a);  and
+(a)	the compulsion took the form of a threat unlawfully to kill the accused or some other person immediately if the accused did not kill or assist in killing the deceased;  and
-	(c)	the accused had no warning of the threat referred to in paragraph (a) to enable him or her to forestall it, whether by reporting the matter to the police or by other means.
+(b)	the accused could not escape from or resist the threat referred to in paragraph (a);  and
+(c)	the accused had no warning of the threat referred to in paragraph (a) to enable him or her to forestall it, whether by reporting the matter to the police or by other means.
 (2)  If the requirements referred to or specified in subsection (1) are satisfied, the defence of compulsion shall be a complete defence to a charge of murder, whether the accused is charged as an actual perpetrator or as an accomplice.
-PART XII
+'''PART XII'''
-CONSENT
-	Requirements for consent to be complete defence
+'''CONSENT'''
+'''245	Requirements for consent to be complete defence'''
 (1)  Subject to this Part, where a person consents to any conduct which is likely to cause harm to his or her person, proprietary rights or other interests, his or her consent shall be a complete defence to a charge against any other person alleging the commission of a crime of which that conduct forms an essential element, if?
-	(a)	the interests of the community as a whole are not adversely affected by the conduct to any substantial degree;  and
-	(b)	the consent is given prior to the conduct, not as ratification afterwards;  and
+(a)	the interests of the community as a whole are not adversely affected by the conduct to any substantial degree;  and
-	(c)	the person who gives the consent is?
-	(i)	capable in law of giving such consent;  and
+(b)	the consent is given prior to the conduct, not as ratification afterwards;  and
-	(ii)	able to understand the nature and possible consequences of the conduct and to give informed consent thereto;
-		and
+(c)    the person who gives the consent is?
-	(d)	the consent is real and is not induced by threat, force, fraud or mistake intentionally or knowingly induced by the person charged with the crime;  and
-	(e)	the giving of the consent is not contrary to any law or to public policy.
+(i)	capable in law of giving such consent;  and
+(ii)	able to understand the nature and possible consequences of the conduct and to give informed consent thereto;
+and
+(d)	the consent is real and is not induced by threat, force, fraud or mistake intentionally or knowingly induced by the person charged with the crime;  and
+(e)	the giving of the consent is not contrary to any law or to public policy.
 (2)  Where a person is charged with rape, aggravated indecent assault, indecent assault or any other crime constituted by the absence of consent by another person to any conduct, the fact that the other person consented to the conduct shall be a complete defence to a charge alleging the commission of that crime if?
-	(a)	the consent is given prior to the conduct, not as ratification afterwards;  and
-	(b)	the person who gives the consent is?
+(a)	the consent is given prior to the conduct, not as ratification afterwards;  and
-	(i)	capable in law of giving such consent;  and
-	(ii)	able to understand the nature and possible consequences of the conduct and to give informed consent thereto;
+(b)	the person who gives the consent is?
-		and
-	(c)	the consent is real and is not induced by threats, force, fraud or mistake intentionally or knowingly induced by the person charged with the crime.
+(i)	capable in law of giving such consent;  and
-	When consent no defence
+(ii)	able to understand the nature and possible consequences of the conduct and to give informed consent thereto;
+and
+(c)	the consent is real and is not induced by threats, force, fraud or mistake intentionally or knowingly induced by the person charged with the crime.
+'''246	When consent no defence'''
 It shall not be lawful for any person to consent to?
-	(a)	being killed;  or
-	(b)	subject to this Part, the infliction of serious bodily injury upon himself or herself;
+(a)	being killed;  or
+(b)	subject to this Part, the infliction of serious bodily injury upon himself or herself;
 and such consent shall not be a defence to any criminal charge arising out of such killing or the infliction of such injury.
-	Consent to medical treatment for therapeutic purposes
+'''247	Consent to medical treatment for therapeutic purposes'''
 (1)  In this section?
 "patient" means a person to whom medical treatment is given or upon whom a medical operation is performed;
 "qualified person", in relation to any medical treatment or operation, means a person who, by virtue of his or her qualifications or training, is in all the circumstances qualified to give the medical treatment or perform the medical operation.
 (2)  Where, in order to cure or alleviate any disease or disability from which a patient suffers or is likely to suffer, a qualified person gives any medical treatment to or performs any medical operation upon a patient?
-	(a)	with the consent of the patient;  or
-	(b)	if the patient is incapable of giving consent, with the consent of the patient's parent, guardian, spouse or any other person capable in law of giving consent on behalf of the patient;  or
+(a)	with the consent of the patient;  or
-	(c)	in the case of a minor to whom section 76 of the Children's Act [Chapter 5:06] applies, with authority given in terms of that section;
+(b)	if the patient is incapable of giving consent, with the consent of the patient's parent, guardian, spouse or any other person capable in law of giving consent on behalf of the patient;  or
+(c)	in the case of a minor to whom section 76 of the Children's Act [Chapter 5:06] applies, with authority given in terms of that section;
 such consent or authority shall be a complete defence to a charge of murder or assault arising out of that treatment or operation if?
-	(i)	the consent complies with paragraphs (b), (c) and (d) of subsection (1) of section two hundred and forty-five;  and
-	(ii)	the treatment or operation is carried out competently in accordance with recognised medical procedures.
+(i)	the consent complies with paragraphs (b), (c) and (d) of subsection (1) of section two hundred and forty-five;  and
+(ii)	the treatment or operation is carried out competently in accordance with recognised medical procedures.
 (3)  If a qualified person believes on reasonable grounds that?
-	(a)	a patient urgently requires medical treatment or a medical operation to cure or alleviate any disease or disability from which the patient is suffering or is reasonably suspected of suffering;  and
-	(b)	it is not practicable in the circumstances to obtain the consent or authority required by or referred to in subsection (2);
+(a)	a patient urgently requires medical treatment or a medical operation to cure or alleviate any disease or disability from which the patient is suffering or is reasonably suspected of suffering;
+and
+(b)	it is not practicable in the circumstances to obtain the consent or authority required by or referred to in subsection (2);
 he or she may give the treatment or perform the operation, as the case may be, without having obtained such consent or authority.
 (4)  The fact that a qualified person gave treatment or performed an operation in terms of subsection (3) shall be a complete defence to a charge of murder or assault arising out of that treatment or operation if the treatment or operation is carried out competently in accordance with recognised medical procedures.
-	Consent to medical treatment for non-therapeutic purposes
+'''248	Consent to medical treatment for non-therapeutic purposes'''
 (1)  In this section?
 "patient" means a person to whom medical treatment is given or upon whom a medical operation is performed;
 "qualified person", in relation to any medical treatment or operation, means a person who, by virtue of his or her qualifications or training, is in all the circumstances qualified to give the medical treatment or perform the medical operation.
 (2)  Where a qualified person, with the consent of the patient concerned, gives any medical treatment to or performs any medical operation upon a patient?
-	(a)	otherwise than to cure or alleviate any disease or disability;  or
-	(b)	in order to sterilise the patient;
+(a)	otherwise than to cure or alleviate any disease or disability;  or
+(b)	in order to sterilise the patient;
 such consent or authority shall be a complete defence to a charge of murder or assault arising out of that treatment or operation if?
-	(i)	the consent complies with paragraphs (b), (c) and (d) of subsection (1) of section two hundred and forty-five;  and
-	(ii)	the treatment or operation is carried out competently in accordance with recognised medical procedures;  and
+(i)	the consent complies with paragraphs (b), (c) and (d) of subsection (1) of section two hundred and forty-five;  and
-	(iii)	in a case where the treatment consists of the administration of any new, untried or experimental drug, medicine or allied substance, such treatment is conducted pursuant to and in accordance with the procedures prescribed for the clinical trial of a medicine under the Part III of the Medicines and Allied Substances Control Act [Chapter 15:03].".
-	Consent to sporting injuries
+(ii)	the treatment or operation is carried out competently in accordance with recognised medical procedures;  and
+(iii)	in a case where the treatment consists of the administration of any new, untried or experimental drug, medicine or allied substance, such treatment is conducted pursuant to and in accordance with the procedures prescribed for the clinical trial of a medicine under the Part III of the Medicines and Allied Substances Control Act [Chapter 15:03].".
+'''249	Consent to sporting injuries'''
 (1)  A person who takes part in any lawful sporting activity shall be deemed to have consented to undergo the risk of sustaining any injury or destruction or loss of property which is normally inherent in participation in such sporting activity.
 (2)  Consent referred to in subsection (1) shall not be a defence to any crime where?
-	(a)	the accused inflicted the injury, destruction or loss which forms the subject of the charge deliberately and in contravention of the rules of the sporting activity concerned;  and
-	(b)	the injury, destruction or loss which forms the subject of the charge does not fall within the risks normally inherent in participation in the sporting activity concerned.
+(a)	the accused inflicted the injury, destruction or loss which forms the subject of the charge deliberately and in contravention of the rules of the sporting activity concerned;  and
-	Consent to injuries from customary or religious practices
+(b)	the injury, destruction or loss which forms the subject of the charge does not fall within the risks normally inherent in participation in the sporting activity concerned.
+'''250	Consent to injuries from customary or religious practices'''
 (1)  In this section?
 "slight bodily injury" includes the circumcision of a male person but does not include the practice of genital mutilation of a female person commonly known as "female circumcision".
 (2)  Consent by a person to slight bodily injury inflicted?
-	(a)	in accordance with the customs or traditional practices of the community to which the person belongs;  and
-	(b)	for the purposes of or in accordance with the practice of his or her religion or custom;
+(a)	in accordance with the customs or traditional practices of the community to which the person belongs;  and
+(b)	for the purposes of or in accordance with the practice of his or her religion or custom;
 shall be a complete defence to a charge alleging the commission of a crime constituted by the infliction of such injury.
-	Consent given on behalf of other persons
+'''251	Consent given on behalf of other persons'''
 Subject to this Part, where a person is incapable in law of giving consent to anything, whether because of minority, unconsciousness, insanity or otherwise, consent given by the person's parent, guardian, spouse or any other person capable in law of giving consent on his or her behalf shall be as effective as if the consent had been given by the person himself or herself.
-PART XIII
-DEFENCE OF PERSON
+'''PART XIII'''
-	Interpretation in Part XIII of Chapter XIV
+'''DEFENCE OF PERSON'''
+'''252	Interpretation in Part XIII of Chapter XIV'''
 In this section?
 "unlawful attack" means any unlawful conduct which endangers a person's life, bodily integrity or freedom.
-	Requirements for defence of person to be complete defence
+'''253	Requirements for defence of person to be complete defence'''
 (1)  Subject to this Part, the fact that a person accused of a crime was defending himself or herself or another person against an unlawful attack when he or she did or omitted to do anything which is an essential element of the crime shall be a complete defence to the charge if?
-	(a)	when he or she did or omitted to do the thing, he or she believed on reasonable grounds that the unlawful attack had commenced or was imminent;  and
-	(b)	he or she believed on reasonable grounds that that his or her conduct was necessary to avert the unlawful attack and that he or she could not otherwise escape from or avert the attack;  and
+(a)	when he or she did or omitted to do the thing, he or she believed on reasonable grounds that the unlawful attack had commenced or was imminent;  and
-	(c)	the means he or she used to avert the unlawful attack were reasonable in all the circumstances;  and
-	(d)	any harm or injury caused by his or her conduct?
+(b)	he or she believed on reasonable grounds that that his or her conduct was necessary to avert the unlawful attack and that he or she could not otherwise escape from or avert the attack;  and
-	(i)	was caused to the attacker and not to any innocent third party;  and
-	(ii)	was not grossly disproportionate to that liable to be caused by the unlawful attack.
+(c)	the means he or she used to avert the unlawful attack were reasonable in all the circumstances;  and
+(d)	any harm or injury caused by his or her conduct?
+(i)	was caused to the attacker and not to any innocent third party;  and
+(ii)	was not grossly disproportionate to that liable to be caused by the unlawful attack.
 (2)  In determining whether or not the requirements specified in subsection (1) have been satisfied in any case, a court shall take due account of the circumstances in which the accused found himself or herself, including any knowledge or capability he or she may have had and any stress or fear that may have been operating on his or her mind.
-	When defence of person partial defence to murder
+'''254	When defence of person partial defence to murder'''
 If a person accused of murder was defending himself or herself or another person against an unlawful attack when he or she did or omitted to do anything that is an essential element of the crime, he or she shall be guilty of culpable homicide if all the requirements for defence of person specified in section two hundred and fifty-three are satisfied in the case except that the means he or she used to avert the unlawful attack were not reasonable in all the circumstances.
-	Mistaken belief in relation to defence of person
+'''255	Mistaken belief in relation to defence of person'''
 If a person genuinely and on reasonable grounds, but mistakenly, believes that he or she is defending himself or herself or another person against an unlawful attack, he or she shall be entitled to a complete or partial defence in terms of this Part to any criminal charge in all respects as if his or her belief were in fact correct.
-PART XIV
-DEFENCE OF PROPERTY
+'''PART XIV'''
-	Interpretation in Part XIV of Chapter XIV
+'''DEFENCE OF PROPERTY'''
+'''256	Interpretation in Part XIV of Chapter XIV'''
 In this Part?
 "property" includes property of any description and any interest or right therein;
 "unlawful attack" means any unlawful conduct which endangers or infringes a person's property.
-	Requirements for defence of property to be complete defence
+'''257	Requirements for defence of property to be complete defence'''
 (1)  Subject to this Part, the fact that a person accused of a crime was defending his or her or another person's property against an unlawful attack when he or she did or omitted to do anything which is an essential element of the crime shall be a complete defence to the charge if?
-	(a)	when he or she did or omitted to do the thing, the unlawful attack had commenced or was imminent;  and
-	(b)	his or her conduct was necessary to avert the unlawful attack;  and
+(a)	when he or she did or omitted to do the thing, the unlawful attack had commenced or was imminent;  and
-	(c)	the means he or she used to avert the unlawful attack were reasonable in all the circumstances;  and
-	(d)	any harm or injury caused by his or her conduct?
+(b)	his or her conduct was necessary to avert the unlawful attack;  and
-	(i)	was caused to the attacker and not to any innocent third party;  and
-	(ii)	was not grossly disproportionate to that liable to be caused by the unlawful attack.
+(c)	the means he or she used to avert the unlawful attack were reasonable in all the circumstances;  and
+(d)	any harm or injury caused by his or her conduct?
+(i)	was caused to the attacker and not to any innocent third party;  and
+(ii)	was not grossly disproportionate to that liable to be caused by the unlawful attack.
 (2)  In determining whether or not the requirements specified in subsection (1) have been satisfied in any case, a court shall take due account of the circumstances in which the accused found himself or herself, including any knowledge or capability he or she may have had and any stress or fear that may have been operating on his or her mind.
 (3)  In determining whether or not any means used by a person to avert an unlawful attack were reasonable, or whether or not any harm or injury caused to an attacker was proportionate to that liable to be caused by an unlawful attack, a court shall have regard to the nature of the property which the person was trying to protect and its value to him or her.
-	Killing in defence of property
+'''258	Killing in defence of property'''
 A person accused of a crime involving the killing of another person shall not be entitled to rely upon a defence in terms of this Part unless?
-	(a)	the accused resorted to killing after taking all other possible steps to protect the property concerned;  and
-	(b)	the property concerned could not have been defended by any means except by killing;  and
+(a)	the accused resorted to killing after taking all other possible steps to protect the property concerned;  and
-	(c)	the property concerned was of vital importance to the accused;  and
-	(d)	the accused believed on reasonable grounds that he or she would not receive adequate compensation for any destruction, damage or injury caused to the property concerned by the unlawful attack.
+(b)	the property concerned could not have been defended by any means except by killing;  and
-	When defence of property partial defence to murder
+(c)	the property concerned was of vital importance to the accused;  and
+(d)	the accused believed on reasonable grounds that he or she would not receive adequate compensation for any destruction, damage or injury caused to the property concerned by the unlawful attack.
+'''259	When defence of property partial defence to murder'''
 If a person accused of murder was defending his or her or another person's property against an unlawful attack when he or she did or omitted to do anything that is an essential element of the crime, he or she shall be guilty of culpable homicide if all the requirements specified in sections two hundred and fifty-seven and two hundred and fifty-eight are satisfied in the case except that the means he or she used to avert the unlawful attack were not reasonable in all the circumstances.
-PART XV
-ENTRAPMENT
+'''PART XV'''
-	Entrapment no defence to crimes
+'''ENTRAPMENT'''
+'''260	Entrapment no defence to crimes'''
 It shall not be a defence to a crime that the accused was trapped into committing the crime concerned, that is to say that the police or other authority or person, by using any inducement or encouragement, caused the accused to commit it for the purpose of obtaining evidence of its commission, but a court may, where it considers that unfair or undesirable entrapment methods were used by the police or other authority or person, take the manner of such entrapment into account as a factor in mitigation of sentence.
-PART XVI
-IMPOSSIBILITY
+'''PART XVI'''
-	Requirements for impossibility to be complete defence
+'''IMPOSSIBILITY'''
+'''261	Requirements for impossibility to be complete defence'''
 (1)  Where a person is accused of a crime of which an essential element consists of a failure, omission or refusal to do anything, the fact that it was physically impossible for the accused to do that thing shall be a complete defence to the charge if?
-	(a)	the impossibility was absolute, that is to say, if it was objectively impossible for anyone in the accused's position to have done that thing;  and
-	(b)	the impossibility was not due to the accused's own fault.
+(a)	the impossibility was absolute, that is to say, if it was objectively impossible for anyone in the accused's position to have done that thing;  and
+(b)	the impossibility was not due to the accused's own fault.
 (2)  For the purposes of subsection (1), the fact that it is extremely difficult for a person to do a thing shall not constitute impossibility.
 (3)  This section shall not prevent a court, when imposing sentence upon a convicted person, from taking due account of any difficulty experienced by him or her in complying with a law.
-PART XVII
-NECESSITY
+'''PART XVII'''
-	Application of Part XVII of Chapter XIV
+'''NECESSITY'''
+'''262	Application of Part XVII of Chapter XIV'''
 This Part shall not apply to cases where the harm sought to be avoided consisted of a threat which could give rise to a defence of compulsion in terms of Part XI.
-	Requirements for necessity to be complete defence
+'''263	Requirements for necessity to be complete defence'''
 (1)  Subject to this Part, the fact that it was necessary for a person accused of a crime to do or omit to do anything that is an essential element of the crime in order to avoid harm to himself or herself or to another person shall be a complete defence to the charge if?
-	(a)	the harm which he or she sought to avoid would have resulted in?
-	(i)	death or serious bodily injury to himself or herself or to another person;  or
+(a)	the harm which he or she sought to avoid would have resulted in?
-	(ii)	considerable financial or proprietary loss to himself or herself;
-		and
+(i)	death or serious bodily injury to himself or herself or to another person;  or
-	(b)	he or she believed on reasonable grounds that the harm referred to in paragraph (a) had started to occur or was imminent;  and
-	(c)	the harm referred to in paragraph (a) did not arise through his or her own fault;  and
+(ii)	considerable financial or proprietary loss to himself or herself;
-	(d)	he or she believed on reasonable grounds that his or her conduct was necessary to avoid the harm referred to in paragraph (a) and that there was no other feasible way  of avoiding it;  and
-	(e)	by his or her conduct he or she did no more harm than was reasonably necessary to avoid the harm referred to in paragraph (a), and the harm he or she did was not disproportionate to the harm referred to in paragraph (a).
+and
+(b)	he or she believed on reasonable grounds that the harm referred to in paragraph (a) had started to occur or was imminent;  and
+(c)	the harm referred to in paragraph (a) did not arise through his or her own fault;  and
+(d)	he or she believed on reasonable grounds that his or her conduct was necessary to avoid the harm referred to in paragraph (a) and that there was no other feasible way  of avoiding it;  and
+(e)	by his or her conduct he or she did no more harm than was reasonably necessary to avoid the harm referred to in paragraph (a), and the harm he or she did was not disproportionate to the harm referred to in paragraph (a).
 (2)  In determining whether harm would cause considerable financial or proprietary loss to a person for the purposes of subparagraph (ii) of paragraph (a) of subsection (1), a court shall have regard to the financial or proprietary resources of the person concerned.
 	Additional requirements for necessity to be complete defence to murder
 (1)  Subject to subsection (2), the fact that it was necessary for a person accused of murder to do or omit to do anything that is an essential element of the crime in order to avoid harm to himself or herself or to another person shall not be a complete defence to the charge unless the following requirements are satisfied in addition to those specified in paragraphs (b), (c) and (d) of subsection (1) of section two hundred and sixty-three?

Difference between revisions of "Zimbabwe Criminal Code"

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