@@ Line 4,769: / Line 4,769: @@
 (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
+'''264	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?
-	(a)	the harm which he or she sought to avoid would have resulted in his or her death or in the death of his or her spouse, parent or child;  and
-	(b)	his or her conduct was necessary to avoid the harm referred to in paragraph (a) and there was no other feasible way of avoiding it;  and
+(a)	the harm which he or she sought to avoid would have resulted in his or her death or in the death of his or her spouse, parent or child;  and
-	(c)	he or she had no warning of the harm referred to in paragraph (a) to enable him or her to forestall it by other means.
+(b)	his or her conduct was necessary to avoid the harm referred to in paragraph (a) and there was no other feasible way of avoiding it;  and
+(c)	he or she had no warning of the harm referred to in paragraph (a) to enable him or her to forestall it by other means.
 (2)  If the requirements referred to or specified in subsection (1) are satisfied, the defence of necessity shall be a complete defence to a charge of murder, whether the accused is charged as an actual perpetrator or as an accomplice.
-	When necessity partial defence to murder
+'''265	When necessity partial defence to murder'''
 If 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, he or she shall guilty of culpable homicide if all the requirements for the defence of necessity are satisfied in the case except that by his or her conduct he or she did more harm than was reasonably necessary to avoid the harm he or she sought to avoid.
-	Necessity in relation to other crimes
+'''266	Necessity in relation to other crimes'''
 In relation to all cases other than those specified in this Part, necessity shall not be a defence but shall merely be a factor to be taken into account in the assessment of sentence.
-PART XVIII
-OBEDIENCE TO ORDERS
+'''PART XVIII'''
-	Interpretation in Part XVIII of Chapter XIV
+'''OBEDIENCE TO ORDERS'''
+'''267	Interpretation in Part XVIII of Chapter XIV'''
 In this Part?
 "active operations" means?
-	(a)	active service during any war in which Zimbabwe is engaged;  or
-	(b)	counterinsurgency operations;  or
+(a)	active service during any war in which Zimbabwe is engaged;  or
-	(c)	the suppression of a riot or public disturbance or public violence;  or
-	(d)	the prevention of a disturbance within or escape from a prison;
+(b)	counterinsurgency operations;  or
+(c)	the suppression of a riot or public disturbance or public violence;  or
+(d)	the prevention of a disturbance within or escape from a prison;
 "disciplined force" means?
-	(a)	the Defence Forces;  or
-	(b)	the Police Force;  or
+(a)	the Defence Forces;  or
-	(c)	the Prison Service;  or
-	(d)	any other force organised by the State which has as its sole or main object the preservation of public security and of law and order in Zimbabwe;
+(b)	the Police Force;  or
+(c)	the Prison Service;  or
+(d)	any other force organised by the State which has as its sole or main object the preservation of public security and of law and order in Zimbabwe;
 "lawful order" means any command, direction or order?
-	(a)	of a routine, permanent or continuing nature that is properly made for any disciplined force by or under any enactment or in terms of any authority given by or under any enactment;  or
-	(b)	given on a particular occasion or for a particular purpose by a member of rank of a disciplined force within the ordinary and lawful scope of that member's authority;
+(a)	of a routine, permanent or continuing nature that is properly made for any disciplined force by or under any enactment or in terms of any authority given by or under any enactment;  or
+(b)	given on a particular occasion or for a particular purpose by a member of rank of a disciplined force within the ordinary and lawful scope of that member's authority;
 "member", in relation to a disciplined force, includes a person who is assisting members of the disciplined force, whether voluntarily or otherwise and whether or not he or she is remunerated for his or her services, and who is subject to orders given by other members of the disciplined force;
 "member of rank", in relation to a disciplined force, means a member in lawful authority over any other member.
-	Requirements for obedience to lawful orders to be complete defence
+'''268	Requirements for obedience to lawful orders to be complete defence'''
 The fact that a person charged with a crime was obeying a lawful order 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)	when he or she did or omitted to do the thing he or she was a member of a disciplined force;  and
-	(b)	the order was given to him or her by a member of rank of a disciplined force, whether or not that person was a member of the same disciplined force.
+(a)	when he or she did or omitted to do the thing he or she was a member of a disciplined force;  and
-	When obedience to illegal orders affords complete defence
+(b)	the order was given to him or her by a member of rank of a disciplined force, whether or not that person was a member of the same disciplined force.
+'''269	When obedience to illegal orders affords complete defence'''
 (1)  Subject to this section, the fact that a person charged with a crime was obeying an illegal order when the person 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 (a) and (b) of section two hundred and sixty-eight?
-	(a)	when he or she did or omitted to do the thing he or she was a member of a disciplined force engaged on active operations;  and
-	(b)	he or she would have been liable, or believed on reasonable grounds that he or she would have been liable, to disciplinary action if he or she had refused to obey the order;  and
+(a)	when he or she did or omitted to do the thing he or she was a member of a disciplined force engaged on active operations;  and
-	(c)	the order was not so manifestly illegal that a reasonable person in his or her position would have refused to obey it;  and
-	(d)	his or her conduct was no more than was necessary to carry out the order.
+(b)	he or she would have been liable, or believed on reasonable grounds that he or she would have been liable, to disciplinary action if he or she had refused to obey the order;  and
+(c)	the order was not so manifestly illegal that a reasonable person in his or her position would have refused to obey it;  and
+(d)	his or her conduct was no more than was necessary to carry out the order.
 (2)  If the requirements specified in subsection (1) are satisfied, a person shall be entitled to a complete defence to a charge even if he or she realised that the order concerned was illegal.
-PART XIX
-TRIVIALITIES
+'''PART XIX'''
-	Person charged with trivial crime entitled to acquittal
+'''TRIVIALITIES'''
+'''270	Person charged with trivial crime entitled to acquittal'''
 (1)  Subject to this section, a person charged with a crime shall be entitled to be acquitted of the charge if the conduct constituting the crime is of a trivial nature.
 (2)  In deciding whether a crime is of a sufficiently trivial nature to justify the acquittal of the person charged in terms of subsection (1), a court shall take into account the following factors in addition to any others that are relevant to the particular case?
-	(a)	the extent of any harm done by the commission of the crime to any person or to the community as a whole;  and
-	(b)	the extent to which it appears, from the enactment which created the crime, that the lawmaker wished to prohibit conduct such as that perpetrated by the accused;  and
+(a)	the extent of any harm done by the commission of the crime to any person or to the community as a whole;  and
-	(c)	whether or not an acquittal will encourage other persons to commit the crime concerned.
+(b)	the extent to which it appears, from the enactment which created the crime, that the lawmaker wished to prohibit conduct such as that perpetrated by the accused;  and
+(c)	whether or not an acquittal will encourage other persons to commit the crime concerned.
 (3)  Where a crime is by its nature trivial, that is, where the conduct prohibited by the enactment concerned does little harm either to individual persons or to the community as a whole, a court shall not acquit a person charged with such a crime in terms of this section unless the conduct of the person charged is of a trivial nature in relation to the most serious conduct prohibited by the particular provision of the enactment concerned.
-PART XX
-UNAVOIDABLE ACCIDENT
+'''PART XX'''
-	Interpretation in Part XX of Chapter XIV
+'''UNAVOIDABLE ACCIDENT'''
+'''271	Interpretation in Part XX of Chapter XIV'''
 In this Part?
 "unavoidable accident" means a circumstance or event such as?
-	(a)	a heart attack or epileptic blackout suffered whilst driving a motor vehicle by a person who has not previously suffered from one and who has no reason to suppose that he or she might do so;
-	(b)	a swarm of bees flying into a moving motor vehicle and stinging the driver;
+(a)	a heart attack or epileptic blackout suffered whilst driving a motor vehicle by a person who has not previously suffered from one and who has no reason to suppose that he or she might do so;
-	(c)	a stone thrown up by a passing vehicle and striking and stunning the driver of a moving motor vehicle;
-	the occurrence of which is so unlikely that a reasonable person, if in the position of the person whose conduct is under consideration, would not take steps to guard against it.
+(b)	a swarm of bees flying into a moving motor vehicle and stinging the driver;
-	Requirements for unavoidable accident to be complete defence
+(c)	a stone thrown up by a passing vehicle and striking and stunning the driver of a moving motor vehicle;
+the occurrence of which is so unlikely that a reasonable person, if in the position of the person whose conduct is under consideration, would not take steps to guard against it.
+'''272	Requirements for unavoidable accident to be complete defence'''
 Subject to this section, the fact that a person charged with a crime did or omitted to do anything that is an essential element of the crime as a result of an unavoidable accident shall be a complete defence to the charge if?
-	(a)	the unavoidable accident did not occur through his or her own fault;  and
-	(b)	a reasonable person, faced with the same unavoidable accident in the same circumstances, would not have been able to avoid the same conduct as would have constituted the crime.
+(a)	the unavoidable accident did not occur through his or her own fault;  and
-CHAPTER XV
-PERMISSIBLE VERDICTS
+(b)	a reasonable person, faced with the same unavoidable accident in the same circumstances, would not have been able to avoid the same conduct as would have constituted the crime.
-	Persons charged with crime may be found guilty of unfinalised crime or assisting perpetrator of crime
-A person charged with any crime may be found guilty of?
+== CHAPTER XV ==
-	(a)	threatening, incitement, conspiracy or attempting to commit that crime or any other crime of which the person might be convicted on the charge;  or
-	(b)	assisting a perpetrator of that crime or of any other crime of which the person might be convicted on the charge;
+===PERMISSIBLE VERDICTS===
+'''273	Persons charged with crime may be found guilty of unfinalised crime or assisting perpetrator of crime'''
+A person charged with any crime may be found guilty of-
+(a)	threatening, incitement, conspiracy or attempting to commit that crime or any other crime of which the person might be convicted on the charge;  or
+(b)	assisting a perpetrator of that crime or of any other crime of which the person might be convicted on the charge;
 if such are the facts proved.
-	Conviction for crime other than that charged
+'''274	Conviction for crime other than that charged'''
 Where a person is charged with a crime the essential elements of which include the essential elements of some other crime, he or she may be found guilty of such other crime, if such are the facts proved and if it is not proved that he or she committed the crime charged.
-	Verdicts permissible on particular charges
+'''275	Verdicts permissible on particular charges'''
 Without limiting section two hundred and seventy-three or two hundred and seventy-four, a person charged with?
-	(a)	a crime specified in the first column of the Fourth Schedule;  or
-	(b)	threatening, incitement, conspiracy or attempting to commit such a crime;  or
+(a)	a crime specified in the first column of the Fourth Schedule;  or
-	(c)	assisting a perpetrator of such a crime;
+(b)	threatening, incitement, conspiracy or attempting to commit such a crime;  or
+(c)	assisting a perpetrator of such a crime;
 may be found guilty of?
-	(i)	a crime specified opposite thereto in the second column of the Fourth Schedule;  or
-	(ii)	threatening, incitement, conspiracy or attempting to commit such a crime;  or
+(i)	a crime specified opposite thereto in the second column of the Fourth Schedule;  or
-	(iii)	assisting a perpetrator of such a crime;
+(ii)	threatening, incitement, conspiracy or attempting to commit such a crime;  or
+(iii)	assisting a perpetrator of such a crime;
 if such are the facts proved.
-	Sentence imposable where person found guilty on competent verdict
+'''276	Sentence imposable where person found guilty on competent verdict'''
 Where a person charged with a crime is found guilty of another crime in terms of this Chapter, the sentence imposed upon that person shall not exceed the maximum sentence applicable to the crime of which he or she is convicted.
-CHAPTER XVI
-GENERAL
+== CHAPTER XVI ==
-	Criminal liability of corporations and associations and their members, employees and agents
+===GENERAL===
+'''277	Criminal liability of corporations and associations and their members, employees and agents'''
 (1)  In this section?
 "authorised person" means a person referred to in paragraph (b) of subsection (2) or paragraph (b) of subsection (4);
 "director", in relation to a corporate body, means a person who?
-	(a)	controls or governs that corporate body, whether lawfully or otherwise;  or
-	(b)	is a member of a body or group of persons which controls or governs that corporate body, whether lawfully or otherwise;  or
+(a)	controls or governs that corporate body, whether lawfully or otherwise;  or
-	(c)	where there is no body or group such as is referred to in paragraph (b), who is a member of the corporate body.
+(b)	is a member of a body or group of persons which controls or governs that corporate body, whether lawfully or otherwise;  or
+(c)	where there is no body or group such as is referred to in paragraph (b), who is a member of the corporate body.
 (2)  For the purposes of imposing criminal liability upon a corporate body, any conduct on the part of?
-	(a)	a director or employee of the corporate body;  or
-	(b)	any person acting on instructions or with permission, express or implied, given by a director or employee of the corporate body;
+(a)	a director or employee of the corporate body;  or
+(b)	any person acting on instructions or with permission, express or implied, given by a director or employee of the corporate body;
 in the exercise of his or her power or in the performance of his or her duties as such a director, employee or authorised person, or in furthering or endeavouring to further the interests of the corporate body, shall be deemed to have been the conduct of the corporate body, and if the conduct was accompanied by any intention on the part of the director, employee or authorised person, that intention shall be deemed to have been the intention of the corporate body.
 (3)  Where there has been any conduct which constitutes a crime for which a corporate body is or was liable to prosecution, that conduct shall be deemed to have been the conduct of every person who at the time was a director or employee of the corporate body, and if the conduct was accompanied by any intention on the part of the person responsible for it, that intention shall be deemed to have been the intention of every other person who at the time was a director or employee of the corporate body:
 Provided that, if it is proved that a director or employee of the corporate body took no part in the conduct, this subsection shall not apply to him or her.
 (4)  For the purposes of imposing criminal liability upon members and employees of an association of persons which is not a corporate body, any conduct on the part of?
-	(a)	a member or employee of the association;  or
-	(b)	any person acting on instructions or with permission, express or implied, given by a member or employee of the association;
+(a)	a member or employee of the association;  or
+(b)	any person acting on instructions or with permission, express or implied, given by a member or employee of the association;
 in the exercise of his or her power or in the performance of his or her duties as such a member, employee or authorised person, or in furthering or endeavouring to further the interests of the association, shall be deemed to have been the conduct of every other person who at the time was a member or employee of the association, and if the conduct was accompanied by any intention on the part of the member, employee or authorised person, that intention shall be deemed to have been the intention of every other person who at the time was a member or employee of the association:
 Provided that?
-	(i)	if it is proved that a member or employee of the association took no part in the conduct, this subsection shall not apply to him or her;
+(i)	if it is proved that a member or employee of the association took no part in the conduct, this subsection shall not apply to him or her;
 	(ii)	if the association is controlled or governed by a committee or other similar governing body, this subsection shall not apply so as to render criminally liable any person who was not at the time of the conduct a member of that committee or other body.
 (5)  A person who is criminally liable for any conduct in terms of subsection (3) or (4) shall be liable to be prosecuted and punished personally for the crime concerned.

Difference between revisions of "Zimbabwe Criminal Code"

Revision as of 14:33, 3 May 2010

Navigation menu

Search