Difference between revisions of "Zimbabwe Criminal Code"

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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
+
 
(b) in the case of a charge of theft or stock theft, the accused took, dealt with or used the property with the intention of depriving his or her co-owner, spouse or partner permanently of the ownership, possession or control of the property:
+
(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
 +
 
 +
(b) in the case of a charge of theft or stock theft, the accused took, dealt with or used the property with the intention of depriving his or her co-owner, spouse or partner permanently of the ownership, possession or control of the property:
 +
 
 
Provided that no prosecution shall be instituted against a spouse for stealing or unlawfully borrowing or using property belonging to the other spouse or that forms part of the spouses' joint estate, unless the Attorney-General has authorised such a prosecution.
 
Provided that no prosecution shall be instituted against a spouse for stealing or unlawfully borrowing or using property belonging to the other spouse or that forms part of the spouses' joint estate, unless the Attorney-General has authorised such a prosecution.
121 Theft and stock theft continuing crimes
+
 
 +
'''121 Theft and stock theft continuing crimes'''
 +
 
 
(1)  The crime of theft or stock theft continues to be committed by a thief even if the thief subsequently loses possession of the property he or she has stolen.
 
(1)  The crime of theft or stock theft continues to be committed by a thief even if the thief subsequently loses possession of the property he or she has stolen.
 +
 
(2)  Regardless of whether a thief remains in possession of the property he or she has stolen?
 
(2)  Regardless of whether a thief remains in possession of the property he or she has stolen?
(a) he or she may be tried for the theft or stock theft by any court within whose area of jurisdiction he or she possessed the stolen property, even if he or she originally stole the property outside the court's area of jurisdiction or outside Zimbabwe;  and
+
 
(b) any person who assists him or her while he or she is in possession of the stolen property may be charged and convicted as an accomplice to the theft or stock theft.
+
(a) he or she may be tried for the theft or stock theft by any court within whose area of jurisdiction he or she possessed the stolen property, even if he or she originally stole the property outside the court's area of jurisdiction or outside Zimbabwe;  and
122 Pledge-taking cases
+
 
 +
(b) any person who assists him or her while he or she is in possession of the stolen property may be charged and convicted as an accomplice to the theft or stock theft.
 +
 
 +
'''122 Pledge-taking cases'''
 +
 
 
(1)  Where a person takes possession or control of property capable of being stolen which is owned, possessed or controlled by another person, intending to hold the property as a pledge or security pending the satisfaction of a debt owed by that other person, he or she shall not be chargeable with theft of the property or stock theft unless he or she intended to deprive the other person permanently of his or her ownership, possession or control of the property, but he or she may be charged with unauthorised borrowing or use of the property.
 
(1)  Where a person takes possession or control of property capable of being stolen which is owned, possessed or controlled by another person, intending to hold the property as a pledge or security pending the satisfaction of a debt owed by that other person, he or she shall not be chargeable with theft of the property or stock theft unless he or she intended to deprive the other person permanently of his or her ownership, possession or control of the property, but he or she may be charged with unauthorised borrowing or use of the property.
 +
 
(2)  A person who takes property capable of being stolen, intending to deprive the owner permanently of his or her ownership, contrary to the terms on which the person received possession or control of it from the owner as a pledge or security pending the satisfaction of a debt owed to him or her, shall be chargeable with theft or stock theft, as the case may be.
 
(2)  A person who takes property capable of being stolen, intending to deprive the owner permanently of his or her ownership, contrary to the terms on which the person received possession or control of it from the owner as a pledge or security pending the satisfaction of a debt owed to him or her, shall be chargeable with theft or stock theft, as the case may be.
 
123 Recent possession of stolen property
 
123 Recent possession of stolen property
 +
 
(1)  Subject to subsection (2), where a person is found in possession of property that has recently been stolen and the circumstances of the person's possession are such that he or she may reasonably be expected to give an explanation for his or her possession, a court may infer that the person is guilty of either the theft of the property or stock theft, or of receiving it knowing it to have been stolen, whichever crime is the more appropriate on the evidence, if the person?
 
(1)  Subject to subsection (2), where a person is found in possession of property that has recently been stolen and the circumstances of the person's possession are such that he or she may reasonably be expected to give an explanation for his or her possession, a court may infer that the person is guilty of either the theft of the property or stock theft, or of receiving it knowing it to have been stolen, whichever crime is the more appropriate on the evidence, if the person?
(a) cannot explain his or her possession;  or
+
 
(b) gives an explanation of his or her possession which is false or unreasonable.
+
(a) cannot explain his or her possession;  or
 +
 
 +
(b) gives an explanation of his or her possession which is false or unreasonable.
 +
 
 
(2)  A court shall not draw the inference referred to in subsection (1) unless the circumstances of the person's possession of the property are such that, in the absence of an explanation from him or her, the only reasonable inference is that he or she is guilty of theft, stock theft or receiving stolen property knowing it to have been stolen, as the case may be.
 
(2)  A court shall not draw the inference referred to in subsection (1) unless the circumstances of the person's possession of the property are such that, in the absence of an explanation from him or her, the only reasonable inference is that he or she is guilty of theft, stock theft or receiving stolen property knowing it to have been stolen, as the case may be.
  
Division C: Receiving or possessing stolen property
+
'''Division C: Receiving or possessing stolen property'''
124 Receiving stolen property knowing it to have been stolen
+
 
 +
'''124 Receiving stolen property knowing it to have been stolen'''
 +
 
 
(1)  Any person who takes possession of stolen property?
 
(1)  Any person who takes possession of stolen property?
(a) knowing that it has been stolen;  or
+
 
(b) realising that there is a real risk or possibility that it has been stolen;
+
(a) knowing that it has been stolen;  or
 +
 
 +
(b) realising that there is a real risk or possibility that it has been stolen;
 +
 
 
shall be guilty of receiving stolen property knowing it to have been stolen, and liable to?
 
shall be guilty of receiving stolen property knowing it to have been stolen, and liable to?
(i) 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
+
 
(ii) imprisonment for a period not exceeding twenty-five years;
+
(i) 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
 +
 
 +
(ii) imprisonment for a period not exceeding twenty-five years;
 +
 
 
or both.
 
or both.
 +
 
(2)  If it is proved in a prosecution for receiving stolen property knowing it to have been stolen that, at the time the accused took possession of the property, he or she did not know that it had been stolen or did not realise that there was a real risk or possibility that it had been stolen, but acquired such knowledge or came to such a realisation afterwards, he or she may be convicted of theft or stock theft or of being found in possession of property reasonably suspected of being stolen, if the facts support such a conviction.
 
(2)  If it is proved in a prosecution for receiving stolen property knowing it to have been stolen that, at the time the accused took possession of the property, he or she did not know that it had been stolen or did not realise that there was a real risk or possibility that it had been stolen, but acquired such knowledge or came to such a realisation afterwards, he or she may be convicted of theft or stock theft or of being found in possession of property reasonably suspected of being stolen, if the facts support such a conviction.
125 Possessing property reasonably suspected of being stolen
+
 
 +
'''125 Possessing property reasonably suspected of being stolen'''
 +
 
 
If any person?
 
If any person?
(a) is or has been in possession of property capable of being stolen and the circumstances of his or her possession are such as to give rise, either at the time of his or her possession or at any time thereafter, to a reasonable suspicion that when he or she came into possession of the property it was stolen;  and
+
 
(b) is unable at any time to give a satisfactory explanation for his or her possession of the property;  
+
(a) is or has been in possession of property capable of being stolen and the circumstances of his or her possession are such as to give rise, either at the time of his or her possession or at any time thereafter, to a reasonable suspicion that when he or she came into possession of the property it was stolen;  and
 +
 
 +
(b) is unable at any time to give a satisfactory explanation for his or her possession of the property;  
 +
 
 
the person shall be guilty of possessing property reasonably suspected of being stolen, and liable to?
 
the person shall be guilty of possessing property reasonably suspected of being stolen, and liable to?
(i) a fine not exceeding level ten or not exceeding twice the value of the property which forms the subject of the charge, whichever is the greater;  or
+
 
(ii) imprisonment for a period not exceeding five years;
+
(i) a fine not exceeding level ten or not exceeding twice the value of the property which forms the subject of the charge, whichever is the greater;  or
or both.
+
 
Division D: Robbery
+
(ii) imprisonment for a period not exceeding five years;
126 Robbery
+
 
 +
or both.
 +
 
 +
'''Division D: Robbery'''
 +
 
 +
'''126 Robbery'''
 +
 
 
(1)  Any person who steals or does any act constituting the crime of unauthorised borrowing or use of property shall be guilty of robbery if he or she intentionally uses violence or the threat of immediate violence?
 
(1)  Any person who steals or does any act constituting the crime of unauthorised borrowing or use of property shall be guilty of robbery if he or she intentionally uses violence or the threat of immediate violence?
(a) immediately before or at the time he or she takes the property, in order to induce the person who has lawful control over the property to relinquish his or her control over it;  or
+
 
(b) immediately after he or she takes the property, in order to prevent the person who had lawful control over the property from recovering his or her control over it.
+
(a) immediately before or at the time he or she takes the property, in order to induce the person who has lawful control over the property to relinquish his or her control over it;  or
 +
 
 +
(b) immediately after he or she takes the property, in order to prevent the person who had lawful control over the property from recovering his or her control over it.
 +
 
 
(2)  A person convicted of robbery shall be liable?
 
(2)  A person convicted of robbery shall be liable?
(a) to imprisonment for life or any shorter period, if the crime was committed in aggravating circumstances as provided in subsection (3);  or
+
 
(b) in any other case?
+
(a) to imprisonment for life or any shorter period, if the crime was committed in aggravating circumstances as provided in subsection (3);  or
(i) to a fine not exceeding level fourteen or not exceeding twice the value of the property that forms the subject of the charge, whichever is the greater;  or
+
 
(ii) to imprisonment for a period not exceeding fifty years;
+
(b) in any other case?
or both:
+
 
Provided that a court may suspend the whole or any part of a sentence of imprisonment imposed for robbery on condition that the convicted person restores any property stolen by him or her to the person deprived of it or compensates such person for its loss.
+
(i) to a fine not exceeding level fourteen or not exceeding twice the value of the property that forms the subject of the charge, whichever is the greater;  or
 +
 
 +
(ii) to imprisonment for a period not exceeding fifty years;
 +
 
 +
or both:
 +
 
 +
Provided that a court may suspend the whole or any part of a sentence of imprisonment imposed for robbery on condition that the convicted person restores any property stolen by him or her to the person deprived of it or compensates such person for its loss.
 +
 
 
(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
+
 
In this Part*
+
'''CRIMES INVOLVING ENTERING OR BEING IN OR ON PREMISES OR LAND'''
 +
 
 +
'''130 Interpretation in Part II of Chapter VI'''
 +
 
 +
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
+
(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
+
(b) knew there were people present in the  premises;  or
(e) committed or intended to commit some other crime.
+
 
132 Criminal trespass
+
(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
+
 
EXTORTION
+
(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
+
 
In this Part*
+
'''PART III'''
"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;
+
 
 +
'''EXTORTION'''
 +
 
 +
'''133 Interpretation in Part III of Chapter VI'''
 +
 
 +
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;
 +
 
 
"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
+
(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
+
 
 +
'''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;
"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;
+
(d) documents of a literary or historical nature;
(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;
+
 
(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;
+
(e) information stored by electronic means that is capable of being printed out or retrieved or displayed on a screen or terminal;
(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) any three-dimensional item;
(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;
+
"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;
 +
 
 +
(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;
 +
 
 
"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*
(a) intending to deceive another person or realising that there is a real risk or possibility of deceiving another person;  and
+
 
(b) intending to cause another person to act upon the misrepresentation to his or her prejudice, or realising that there is a real risk or possibility that another person may act upon the misrepresentation to his or her prejudice;
+
(a) intending to deceive another person or realising that there is a real risk or possibility of deceiving another person;  and
 +
 
 +
(b) intending to cause another person to act upon the misrepresentation to his or her prejudice, or realising that there is a real risk or possibility that another person may act upon the misrepresentation to his or her prejudice;
 +
 
 
shall be guilty of fraud if the misrepresentation causes prejudice to another person or creates a real risk or possibility that another person might be prejudiced, and be liable to*
 
shall be guilty of fraud if the misrepresentation causes prejudice to another person or creates a real risk or possibility that another person might be prejudiced, and be liable to*
(i) a fine not exceeding level fourteen 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 thirty-five years;
+
(i) a fine not exceeding level fourteen 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 thirty-five years;
 +
 
 
or both.
 
or both.
137 Forgery
+
 
 +
'''137 Forgery'''
 +
 
  
(a) making a document or signature which purports to be made by a person who did not make it or authorise it to be made or by a person who does not exist;  or
+
 
(b) tampering with a document or item by making some material alteration, erasure or obliteration;
+
(a) making a document or signature which purports to be made by a person who did not make it or authorise it to be made or by a person who does not exist;  or
 +
 
 +
(b) tampering with a document or item by making some material alteration, erasure or obliteration;
 +
 
 
with the intention of defrauding another person or realising that there is a real risk or possibility of defrauding another person thereby, shall be guilty of forgery and liable to*
 
with the intention of defrauding another person or realising that there is a real risk or possibility of defrauding another person thereby, shall be guilty of forgery and liable to*
(i) in a case of forgery of a public document or item, a fine not exceeding level fourteen or imprisonment for a period not exceeding twenty years or both;  or
+
 
(ii) in a case of forgery of a document or item other than a public document or item, a fine not exceeding level thirteen or imprisonment for a period not exceeding fifteen years or both.
+
(i) in a case of forgery of a public document or item, a fine not exceeding level fourteen or imprisonment for a period not exceeding twenty years or both;  or
 +
 
 +
(ii) in a case of forgery of a document or item other than a public document or item, a fine not exceeding level thirteen or imprisonment for a period not exceeding fifteen years or both.
 +
 
 
(2)  In a case where*
 
(2)  In a case where*
(a) a person delivers or causes to be delivered a forged document or item to another person with the intention of defrauding that person or realising that there is a real risk or possibility of defrauding that person*
+
 
(i) the competent charges shall be fraud and forgery if the person delivering the forged document or item or causing it to be delivered also forged it;
+
(a) a person delivers or causes to be delivered a forged document or item to another person with the intention of defrauding that person or realising that there is a real risk or possibility of defrauding that person*
(ii) the competent charge shall be fraud if the person delivering the forged document or item or causing it to be delivered did not forge it;
+
 
(b) a banknote issued by the Reserve Bank of Zimbabwe is forged, the competent charge shall be that specified in section 42 of the Reserve Bank of Zimbabwe Act [Chapter 22:15].
+
(i) the competent charges shall be fraud and forgery if the person delivering the forged document or item or causing it to be delivered also forged it;
138 Conviction for fraud, etc., where specific victim not identified
+
 
 +
(ii) the competent charge shall be fraud if the person delivering the forged document or item or causing it to be delivered did not forge it;
 +
 
 +
(b) a banknote issued by the Reserve Bank of Zimbabwe is forged, the competent charge shall be that specified in section 42 of the Reserve Bank of Zimbabwe Act [Chapter 22:15].
 +
 
 +
'''138 Conviction for fraud, etc., where specific victim not identified'''
 +
 
 
A person accused of fraud or any other crime involving the making of a misrepresentation may be found guilty of the crime notwithstanding that*
 
A person accused of fraud or any other crime involving the making of a misrepresentation may be found guilty of the crime notwithstanding that*
(a) the person to whom the misrepresentation was made is not identified;  or
+
 
(b) the person whom the accused intended to deceive or prejudice, or whom the accused realised he or she might be deceiving or prejudicing, is not identified;  or
+
(a) the person to whom the misrepresentation was made is not identified;  or
(c) the person to whom prejudice or potential prejudice was or would have been caused is not identified.
+
 
PART V
+
(b) the person whom the accused intended to deceive or prejudice, or whom the accused realised he or she might be deceiving or prejudicing, is not identified;  or
CAUSING DAMAGE TO OR DESTRUCTION OF PROPERTY
+
 
139 Interpretation in Part V of Chapter VI
+
(c) the person to whom prejudice or potential prejudice was or would have been caused is not identified.
 +
 
 +
'''PART V'''
 +
 
 +
'''CAUSING DAMAGE TO OR DESTRUCTION OF PROPERTY'''
 +
 
 +
'''139 Interpretation in Part V of Chapter VI'''
 +
 
 
In this Part*
 
In this Part*
 +
 
"damage" means any permanent or temporary damage or injury of any kind to property, whether or not it causes financial loss to the person entitled to own, possess or control the property, and includes*
 
"damage" means any permanent or temporary damage or injury of any kind to property, whether or not it causes financial loss to the person entitled to own, possess or control the property, and includes*
(a) damage or injury which necessitates the repair of the property, whatever the cost of the repair;
+
 
(b) the displacement, removal or breaking of a constituent part of the property;
+
(a) damage or injury which necessitates the repair of the property, whatever the cost of the repair;
(c) damage or injury which renders the property unsuitable or less suitable for the use to which it was being put;
+
 
but does not include damage or injury which is trivial in nature;
+
(b) the displacement, removal or breaking of a constituent part of the property;
 +
 
 +
(c) damage or injury which renders the property unsuitable or less suitable for the use to which it was being put;
 +
 
 +
but does not include damage or injury which is trivial in nature;
 +
 
 
"property" means any movable or immovable material thing that is capable of being owned by a person, but does not include any of the following things*
 
"property" means any movable or immovable material thing that is capable of being owned by a person, but does not include any of the following things*
(a) wild animals, birds, insects and fish that have not been reduced to captivity;
+
 
(b) eggs, honey and other produce of wild animals, birds, insects and fish, which has not been taken into possession by anyone;
+
(a) wild animals, birds, insects and fish that have not been reduced to captivity;
(c) property that has been finally and absolutely abandoned by its owner, that is, thrown away or otherwise disposed of by the owner with the intention of relinquishing all his or her rights to it;
+
 
(d) property that is owned by the person who damages or destroys it, unless some other person has a right to possess or control the property and the person who damages or destroys it intends, by his or her act, to deprive that other person of his or her right.
+
(b) eggs, honey and other produce of wild animals, birds, insects and fish, which has not been taken into possession by anyone;
140 Malicious damage to property
+
 
 +
(c) property that has been finally and absolutely abandoned by its owner, that is, thrown away or otherwise disposed of by the owner with the intention of relinquishing all his or her rights to it;
 +
 
 +
(d) property that is owned by the person who damages or destroys it, unless some other person has a right to possess or control the property and the person who damages or destroys it intends, by his or her act, to deprive that other person of his or her right.
 +
 
 +
'''140 Malicious damage to property'''
 +
 
 
Any person who, knowing that another person is entitled to own, possess or control any property or realising that there is a real risk or possibility that another person may be so entitled, damages or destroys the property*
 
Any person who, knowing that another person is entitled to own, possess or control any property or realising that there is a real risk or possibility that another person may be so entitled, damages or destroys the property*
(a) intending to cause such damage or destruction;  or
+
 
(b) realising that there is a real risk or possibility that such damage or destruction may result from his or her act or omission;
+
(a) intending to cause such damage or destruction;  or
 +
 
 +
(b) realising that there is a real risk or possibility that such damage or destruction may result from his or her act or omission;
 +
 
 
shall be guilty of malicious damage to property, and liable to*
 
shall be guilty of malicious damage to property, and liable to*
(i) a fine not exceeding level fourteen or not exceeding twice the value of the property damaged as a result of the crime, whichever is the greater;  or
+
 
(ii) imprisonment for a period not exceeding twenty-five years;
+
(i) a fine not exceeding level fourteen or not exceeding twice the value of the property damaged as a result of the crime, whichever is the greater;  or
 +
 
 +
(ii) imprisonment for a period not exceeding twenty-five years;
 +
 
 
or both.
 
or both.
141 Negligently causing serious damage to property
+
 
 +
'''141 Negligently causing serious damage to property'''
 +
 
 
Any person who, knowing that another person is entitled to own, possess or control any property or realising that there is a real risk or possibility that another person may be so entitled, seriously damages or destroys the property, being grossly negligent in causing such damage or destruction, shall be guilty of negligently causing serious damage to property, and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
 
Any person who, knowing that another person is entitled to own, possess or control any property or realising that there is a real risk or possibility that another person may be so entitled, seriously damages or destroys the property, being grossly negligent in causing such damage or destruction, shall be guilty of negligently causing serious damage to property, and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
142 Damage by co-owners, spouses and partners
+
 
 +
'''142 Damage by co-owners, spouses and partners'''
 +
 
 
It shall not be a defence to a charge of  malicious damage to property or negligently causing serious damage to property that the person charged 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 the damaging of the property was not authorised by any agreement between the person and his or her co-owner, spouse or partner:
 
It shall not be a defence to a charge of  malicious damage to property or negligently causing serious damage to property that the person charged 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 the damaging of the property was not authorised by any agreement between the person and his or her co-owner, spouse or partner:
 +
 
Provided that no prosecution shall be instituted against a spouse for damaging property belonging to the other spouse or that forms part of the spouses' joint estate, unless the Attorney-General has authorised such a prosecution.
 
Provided that no prosecution shall be instituted against a spouse for damaging property belonging to the other spouse or that forms part of the spouses' joint estate, unless the Attorney-General has authorised such a prosecution.
143 Aggravating circumstances in relation to malicious damage to property or negligently causing serious damage to property
+
 
 +
'''143 Aggravating circumstances in relation to malicious damage to property or negligently causing serious damage to property'''
 +
 
 
It shall be an aggravating circumstance if*
 
It shall be an aggravating circumstance if*
(a) the damage or destruction that constitutes the crime of malicious damage to property or negligently causing serious damage to property*
+
 
(i) is caused by the use of fire or explosives;  or
+
(a) the damage or destruction that constitutes the crime of malicious damage to property or negligently causing serious damage to property*
(ii) causes injury or involves a risk of injury to persons in or near the property concerned;  or
+
 
(iii) occasions considerable material prejudice to the person entitled to own, possess or control the property damaged or destroyed;
+
(i) is caused by the use of fire or explosives;  or
or
+
 
(b) the crime of  malicious damage to property or negligently causing serious damage to property is committed against property that is owned, possessed or controlled by the State, a statutory corporation or a local  authority.
+
(ii) causes injury or involves a risk of injury to persons in or near the property concerned;  or
144 Mistake of fact in relation to malicious damage to property
+
 
 +
(iii) occasions considerable material prejudice to the person entitled to own, possess or control the property damaged or destroyed;
 +
 
 +
or
 +
 
 +
(b) the crime of  malicious damage to property or negligently causing serious damage to property is committed against property that is owned, possessed or controlled by the State, a statutory corporation or a local  authority.
 +
 
 +
'''144 Mistake of fact in relation to malicious damage to property'''
 +
 
 
(1)  It shall be a defence to a charge of malicious damage to property that the person charged damaged or destroyed the property concerned, genuinely but mistakenly believing that*
 
(1)  It shall be a defence to a charge of malicious damage to property that the person charged damaged or destroyed the property concerned, genuinely but mistakenly believing that*
(a) the owner or person entitled to possess or control the property had consented to the damage or destruction 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 or person entitled to possess or control the property had consented to the damage or destruction or would have consented if he or she had known of the circumstances;  or
(c) the property had been finally and absolutely abandoned by its owner, that is, that the owner had thrown it away or otherwise disposed of it intending to relinquish all his or her rights in it:
+
 
 +
(b) the property was his or her own property and no other person was entitled to possess or control it;  or
 +
 
 +
(c) the property had been finally and absolutely abandoned by its owner, that is, that the owner had thrown it away or otherwise disposed of it intending to relinquish all his or her rights in it:
 +
 
 
Provided that such a belief shall not be a defence to a charge of malicious damage to property unless, regard being had to all the circumstances, the belief was reasonable.
 
Provided that such a belief shall not be a defence to a charge of malicious damage to property unless, regard being had to all the circumstances, the belief was reasonable.
 +
 
(2)  This section shall not be construed as limiting or excluding the application of Chapter XIV in relation to malicious damage to property.
 
(2)  This section shall not be construed as limiting or excluding the application of Chapter XIV in relation to malicious damage to property.
  
PART VI
+
'''PART VI'''
HIJACKING AND OTHER CRIMES INVOLVING AIRCRAFT
+
 
145 Interpretation in Part VI of Chapter VI
+
'''HIJACKING AND OTHER CRIMES INVOLVING AIRCRAFT'''
 +
 
 +
'''145 Interpretation in Part VI of Chapter VI'''
 +
 
 
(1)  In this Part?
 
(1)  In this Part?
 +
 
"aircraft" means an aircraft to which this Part applies in terms of section one hundred and forty-six;
 
"aircraft" means an aircraft to which this Part applies in terms of section one hundred and forty-six;
 +
 
"crew", in relation to an aircraft, means any person connected with the operation of the aircraft, and includes flight attendants and air hostesses;
 
"crew", in relation to an aircraft, means any person connected with the operation of the aircraft, and includes flight attendants and air hostesses;
 +
 
"dangerous goods" means?
 
"dangerous goods" means?
(a) firearms, ammunition, weapons and explosive substances;  and
+
 
(b) substances and things which, by reason of their nature or condition, may endanger the safety of an aircraft or of persons on board an aircraft.
+
(a) firearms, ammunition, weapons and explosive substances;  and
 +
 
 +
(b) substances and things which, by reason of their nature or condition, may endanger the safety of an aircraft or of persons on board an aircraft.
 +
 
 
(2)  For the purposes of this Part?
 
(2)  For the purposes of this Part?
(a) the flight of an aircraft shall be deemed to have begun?
+
 
(i) when the last external door of the aircraft is closed before the aircraft first moves for the purpose of taking off from any place;  or
+
(a) the flight of an aircraft shall be deemed to have begun?
(ii) where subparagraph (i) is not applicable, when the aircraft first moves for the purpose of taking off from any place;
+
 
(b) the flight of an aircraft shall be deemed to have ended?
+
(i) when the last external door of the aircraft is closed before the aircraft first moves for the purpose of taking off from any place;  or
(i) when the first external door of  the aircraft is opened after the aircraft comes to rest for the first time after the beginning of the flight;  or
+
 
(ii) where subparagraph (i) is not applicable, when the aircraft comes to rest for the first time after the beginning of its flight;  or
+
(ii) where subparagraph (i) is not applicable, when the aircraft first moves for the purpose of taking off from any place;
(iii) where the aircraft is destroyed or the flight is abandoned before either subparagraph (i) or (ii) becomes applicable, when the aircraft is destroyed or the flight is abandoned, as the case may be.
+
 
146 Application of Part VI of Chapter VI
+
(b) the flight of an aircraft shall be deemed to have ended?
 +
 
 +
(i) when the first external door of  the aircraft is opened after the aircraft comes to rest for the first time after the beginning of the flight;  or
 +
 
 +
(ii) where subparagraph (i) is not applicable, when the aircraft comes to rest for the first time after the beginning of its flight;  or
 +
 
 +
(iii) where the aircraft is destroyed or the flight is abandoned before either subparagraph (i) or (ii) becomes applicable, when the aircraft is destroyed or the flight is abandoned, as the case may be.
 +
 
 +
'''146 Application of Part VI of Chapter VI'''
 +
 
 
This Part shall apply to?
 
This Part shall apply to?
(a) all aircraft which are?
+
 
(i) in or over Zimbabwe;  or
+
(a) all aircraft which are?
(ii) outside Zimbabwe and engaged in a flight which began in Zimbabwe or which at its beginning was intended to end in Zimbabwe;  and
+
 
(b) all aircraft, wherever situated, which?
+
(i) in or over Zimbabwe;  or
(i) are registered or required to be registered in terms of the Civil Aviation Act [Chapter 13:16] or any regulations made thereunder;  or
+
 
(ii) belong to or are in the service of the State;  or  
+
(ii) outside Zimbabwe and engaged in a flight which began in Zimbabwe or which at its beginning was intended to end in Zimbabwe;  and
(iii) belong to or for the time being are exclusively used by the Defence Forces or the Police Force.
+
 
147 Hijacking
+
(b) all aircraft, wherever situated, which?
 +
 
 +
(i) are registered or required to be registered in terms of the Civil Aviation Act [Chapter 13:16] or any regulations made thereunder;  or
 +
 
 +
(ii) belong to or are in the service of the State;  or  
 +
 
 +
(iii) belong to or for the time being are exclusively used by the Defence Forces or the Police Force.
 +
 
 +
'''147 Hijacking'''
 +
 
 
Any person who, without lawful reason, takes or exercises control over an aircraft shall be guilty of hijacking and liable to be sentenced to imprisonment for life or any shorter period.
 
Any person who, without lawful reason, takes or exercises control over an aircraft shall be guilty of hijacking and liable to be sentenced to imprisonment for life or any shorter period.
148 Damaging, destroying or prejudicing the safe operation of an aircraft
+
 
 +
'''148 Damaging, destroying or prejudicing the safe operation of an aircraft'''
 +
 
 
Any person who, without lawful reason?
 
Any person who, without lawful reason?
(a) intentionally damages or destroys an aircraft;  or
+
 
(b) does or omits to do anything with the intention or realising that there is a real risk or possibility of prejudicing the safe operation of an aircraft;
+
(a) intentionally damages or destroys an aircraft;  or
 +
 
 +
(b) does or omits to do anything with the intention or realising that there is a real risk or possibility of prejudicing the safe operation of an aircraft;
 +
 
 
shall be guilty of damaging, destroying or prejudicing the safe operation of an aircraft and liable to imprisonment for a period not exceeding twenty-five years.
 
shall be guilty of damaging, destroying or prejudicing the safe operation of an aircraft and liable to imprisonment for a period not exceeding twenty-five years.
149 Assaulting, intimidating or threatening a person on an aircraft
+
 
 +
'''149 Assaulting, intimidating or threatening a person on an aircraft'''
 +
 
 
Any person who, without lawful reason, assaults, intimidates or threatens any person aboard an aircraft with the intention or realising that there is a real risk or possibility of interfering with the performance of the functions of any member of the crew of that aircraft, or with the intention or realising that there is a real risk or possibility of lessening the ability of such member to perform those functions, shall be guilty of assaulting, intimidating or threatening a person on an aircraft, and liable to imprisonment for a period not exceeding five years.
 
Any person who, without lawful reason, assaults, intimidates or threatens any person aboard an aircraft with the intention or realising that there is a real risk or possibility of interfering with the performance of the functions of any member of the crew of that aircraft, or with the intention or realising that there is a real risk or possibility of lessening the ability of such member to perform those functions, shall be guilty of assaulting, intimidating or threatening a person on an aircraft, and liable to imprisonment for a period not exceeding five years.
150 Placing or carrying dangerous goods on an aircraft
+
 
 +
'''150 Placing or carrying dangerous goods on an aircraft'''
 +
 
 
(1)  Subject to subsection (2), any person who, without lawful reason?
 
(1)  Subject to subsection (2), any person who, without lawful reason?
(a) places or carries any dangerous goods aboard an aircraft;  or
+
 
(b) causes any dangerous goods to be placed or carried aboard an aircraft;  or
+
(a) places or carries any dangerous goods aboard an aircraft;  or
(c) delivers dangerous goods to a person for the purpose of their being placed aboard an aircraft;  or
+
 
(d) has dangerous goods in his or her possession aboard an aircraft;
+
(b) causes any dangerous goods to be placed or carried aboard an aircraft;  or
 +
 
 +
(c) delivers dangerous goods to a person for the purpose of their being placed aboard an aircraft;  or
 +
 
 +
(d) has dangerous goods in his or her possession aboard an aircraft;
 +
 
 
shall be guilty of placing or carrying dangerous goods on an aircraft and liable to imprisonment for a period not exceeding fifteen years.
 
shall be guilty of placing or carrying dangerous goods on an aircraft and liable to imprisonment for a period not exceeding fifteen years.
 +
 
(2)  Subsection (1) shall not apply to the placing, carrying, causing to be placed or carried, delivery or possession of dangerous goods on board an aircraft?
 
(2)  Subsection (1) shall not apply to the placing, carrying, causing to be placed or carried, delivery or possession of dangerous goods on board an aircraft?
(a) with the consent of the owner or operator of the aircraft, given with the knowledge of the nature of the goods;  or
+
 
(b) in accordance with the Civil Aviation Act [Chapter 13:16] or any regulations made thereunder;  or
+
(a) with the consent of the owner or operator of the aircraft, given with the knowledge of the nature of the goods;  or
(c) by a person in the course of his or her lawful duties as an employee of the State.
+
 
151 Threatening harm in relation to an aircraft
+
(b) in accordance with the Civil Aviation Act [Chapter 13:16] or any regulations made thereunder;  or
 +
 
 +
(c) by a person in the course of his or her lawful duties as an employee of the State.
 +
 
 +
'''151 Threatening harm in relation to an aircraft'''
 +
 
 
Any person who, without lawful reason?
 
Any person who, without lawful reason?
(a) threatens;  or
+
(a) threatens;  or
(b) states that it is his or her intention;  or
+
 
(c) makes a statement from which it can reasonably be inferred that it is his or her intention;  
+
(b) states that it is his or her intention;  or
 +
 
 +
(c) makes a statement from which it can reasonably be inferred that it is his or her intention;  
 +
 
 
to damage, destroy or prejudice the safe operation of an aircraft or to kill, injure or harm any person aboard an aircraft, shall be guilty of threatening harm in relation to an aircraft, and liable to imprisonment for a period not exceeding five years.
 
to damage, destroy or prejudice the safe operation of an aircraft or to kill, injure or harm any person aboard an aircraft, shall be guilty of threatening harm in relation to an aircraft, and liable to imprisonment for a period not exceeding five years.
152 Falsely threatening harm in relation to an aircraft
+
 
 +
'''152 Falsely threatening harm in relation to an aircraft'''
 +
 
 
Any person who, without lawful reason, makes a statement knowing that it is false or realising that there is a real risk or possibility that it may be false to the effect that, or from which it can reasonably be inferred that, there has been or is to be a plan, proposal, attempt, conspiracy or threat?
 
Any person who, without lawful reason, makes a statement knowing that it is false or realising that there is a real risk or possibility that it may be false to the effect that, or from which it can reasonably be inferred that, there has been or is to be a plan, proposal, attempt, conspiracy or threat?
(a) unlawfully to take or exercise control over an aircraft;  or
+
 
(b) unlawfully to destroy, damage or prejudice the safe operation of an aircraft;  or
+
(a) unlawfully to take or exercise control over an aircraft;  or
(c) unlawfully to kill or injure any person aboard an aircraft;
+
 
 +
(b) unlawfully to destroy, damage or prejudice the safe operation of an aircraft;  or
 +
 
 +
(c) unlawfully to kill or injure any person aboard an aircraft;
 +
 
 
shall be guilty of falsely threatening harm in relation to an aircraft and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding five years or both.
 
shall be guilty of falsely threatening harm in relation to an aircraft and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding five years or both.
 
153 Proof of lawful reason for conduct in relation to aircraft
 
153 Proof of lawful reason for conduct in relation to aircraft
 +
 
The burden of proving any fact or circumstance which would constitute a lawful reason for conduct which, in the absence of such reason, would be a crime in terms of this Part, shall rest on the person charged with the crime concerned.
 
The burden of proving any fact or circumstance which would constitute a lawful reason for conduct which, in the absence of such reason, would be a crime in terms of this Part, shall rest on the person charged with the crime concerned.
154 Charges alternative to or concurrent with charges under Part VI of Chapter VI
+
 
 +
'''154 Charges alternative to or concurrent with charges under Part VI of Chapter VI'''
 +
 
 
If a person commits any crime specified in this Part?
 
If a person commits any crime specified in this Part?
(a) in pursuance of an act of insurgency, banditry, sabotage or terrorism as defined in section nineteen, the person may be charged concurrently or alternatively with insurgency, banditry, sabotage or terrorism;  or
+
 
(b) that results in or was intended to cause the death of another person, whether or not in pursuance of an act referred to in paragraph (a), the person may be charged concurrently with murder or attempted murder.
+
(a) in pursuance of an act of insurgency, banditry, sabotage or terrorism as defined in section nineteen, the person may be charged concurrently or alternatively with insurgency, banditry, sabotage or terrorism;  or
CHAPTER VII
+
 
CRIMES INVOLVING DANGEROUS DRUGS
+
(b) that results in or was intended to cause the death of another person, whether or not in pursuance of an act referred to in paragraph (a), the person may be charged concurrently with murder or attempted murder.
155 Interpretation in Chapter VII
+
 
 +
== CHAPTER VII ==
 +
 
 +
===CRIMES INVOLVING DANGEROUS DRUGS===
 +
 
 +
'''155 Interpretation in Chapter VII'''
 +
 
  
 +
 
"Authority" means the Medicines and Allied Substances Control Authority established by section 3 of the Medicines and Allied Substances Control Act [Chapter 15:03] or any body that succeeds to its functions;
 
"Authority" means the Medicines and Allied Substances Control Authority established by section 3 of the Medicines and Allied Substances Control Act [Chapter 15:03] or any body that succeeds to its functions;
 +
 
"cannabis" means the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops) from which the resin has not been extracted, by whatever name they may be designated;
 
"cannabis" means the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops) from which the resin has not been extracted, by whatever name they may be designated;
 +
 
"cannabis plant" means any plant of the genus cannabis also known as "Indian hemp", bhang, camba, dagga, mbanje or intsangu;
 
"cannabis plant" means any plant of the genus cannabis also known as "Indian hemp", bhang, camba, dagga, mbanje or intsangu;
 +
 
"cannabis resin" means the separated resin, whether crude or purified, obtained from the cannabis plant;
 
"cannabis resin" means the separated resin, whether crude or purified, obtained from the cannabis plant;
 +
 
"coca bush" means the plant of any species of the genus erythroxylon;
 
"coca bush" means the plant of any species of the genus erythroxylon;
 +
 
"coca leaf" means the leaf of the coca bush except a leaf from which all ecgonine alkaloids have been removed;
 
"coca leaf" means the leaf of the coca bush except a leaf from which all ecgonine alkaloids have been removed;
 +
  
 +
 
(a) any coca bush, coca leaf, raw opium or cannabis plant;
 
(a) any coca bush, coca leaf, raw opium or cannabis plant;
 +
 
(b) prepared opium, prepared cannabis or cannabis resin;
 
(b) prepared opium, prepared cannabis or cannabis resin;
 +
 
(c) a scheduled drug;
 
(c) a scheduled drug;
 +
 
"deal in", in relation to a dangerous drug, includes to sell or to perform any act, whether as a principal, agent, carrier, messenger or otherwise, in connection with the delivery, collection, importation, exportation, trans-shipment, supply, administration, manufacture, cultivation, procurement or transmission of such drug;
 
"deal in", in relation to a dangerous drug, includes to sell or to perform any act, whether as a principal, agent, carrier, messenger or otherwise, in connection with the delivery, collection, importation, exportation, trans-shipment, supply, administration, manufacture, cultivation, procurement or transmission of such drug;
 +
 
"medicinal opium" means opium which has undergone the processes necessary to adapt it for medicinal use;
 
"medicinal opium" means opium which has undergone the processes necessary to adapt it for medicinal use;
 +
 
"opium" means the coagulated juice of the opium poppy;
 
"opium" means the coagulated juice of the opium poppy;
 +
 
"opium poppy" means the plant of the species Papaver somniferum L;
 
"opium poppy" means the plant of the species Papaver somniferum L;
 +
 
"poppy straw" means all parts (except the seeds) of the opium poppy, after mowing;
 
"poppy straw" means all parts (except the seeds) of the opium poppy, after mowing;
 +
 
"prepared cannabis" means cannabis which has been prepared for smoking and any dross or other residue remaining after cannabis has been smoked;
 
"prepared cannabis" means cannabis which has been prepared for smoking and any dross or other residue remaining after cannabis has been smoked;
 +
 
"prepared opium" means opium prepared for smoking and any dross or other residue remaining after opium has been smoked;
 
"prepared opium" means opium prepared for smoking and any dross or other residue remaining after opium has been smoked;
 +
 
"raw opium" includes powdered or granulated opium, but does not include medicinal opium;
 
"raw opium" includes powdered or granulated opium, but does not include medicinal opium;
 +
 
"scheduled drug" means a drug specified in Part I or Part II of the Schedule to the Dangerous Drugs Act [Chapter 15:02], and the term "Part I scheduled drug" shall be construed accordingly.
 
"scheduled drug" means a drug specified in Part I or Part II of the Schedule to the Dangerous Drugs Act [Chapter 15:02], and the term "Part I scheduled drug" shall be construed accordingly.
156 Unlawful dealing in dangerous drugs
+
 
 +
'''156 Unlawful dealing in dangerous drugs'''
 +
 
  
(a) imports, exports, sells, offers or advertises for sale, distributes, delivers, transports or otherwise deals in a dangerous drug;  or
+
 
(b) cultivates, produces or manufactures a dangerous drug for the purpose of dealing in it;  or
+
(a) imports, exports, sells, offers or advertises for sale, distributes, delivers, transports or otherwise deals in a dangerous drug;  or
(c) possesses a dangerous drug, or any article or substance used in connection with the production or manufacture of a dangerous drug, for the purpose of dealing in such drug;  or
+
 
(d) incites another person to consume a dangerous drug;  or
+
(b) cultivates, produces or manufactures a dangerous drug for the purpose of dealing in it;  or
(e) supplies or administers to or procures for any person, or offers to supply or administer to or procure for any person, a dangerous drug;
+
 
 +
(c) possesses a dangerous drug, or any article or substance used in connection with the production or manufacture of a dangerous drug, for the purpose of dealing in such drug;  or
 +
 
 +
(d) incites another person to consume a dangerous drug;  or
 +
 
 +
(e) supplies or administers to or procures for any person, or offers to supply or administer to or procure for any person, a dangerous drug;
 +
 
  
(i) if the crime was committed in any of the aggravating circumstances described in subsection (2) and there are no special circumstances in the particular case as provided in subsection (3), to imprisonment for a period of not less than fifteen years or more than twenty years and a fine not below level fourteen or, in default of payment, imprisonment for an additional period of not less than five years or more than ten years;  or
+
 
(ii) in any other case, to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding fifteen years or both.
+
(i) if the crime was committed in any of the aggravating circumstances described in subsection (2) and there are no special circumstances in the particular case as provided in subsection (3), to imprisonment for a period of not less than fifteen years or more than twenty years and a fine not below level fourteen or, in default of payment, imprisonment for an additional period of not less than five years or more than ten years;  or
 +
 
 +
(ii) in any other case, to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding fifteen years or both.
 +
 
  
(a) was a member of a group of persons organised within or outside Zimbabwe for the purpose of committing the crime;  or
+
 
(b) employed weapons or engaged in violence in the course of committing the crime;  or
+
(a) was a member of a group of persons organised within or outside Zimbabwe for the purpose of committing the crime;  or
(c) held a public office which he or she abused to facilitate the commission of the crime;  or
+
 
(d) being over the age of eighteen years, incited any minor to consume or deal in a dangerous drug;  or
+
(b) employed weapons or engaged in violence in the course of committing the crime;  or
(e) was previously convicted, whether within or outside Zimbabwe, of a crime constituted by any of the acts specified in paragraphs (a) to (e) of subsection (1).
+
 
 +
(c) held a public office which he or she abused to facilitate the commission of the crime;  or
 +
 
 +
(d) being over the age of eighteen years, incited any minor to consume or deal in a dangerous drug;  or
 +
 
 +
(e) was previously convicted, whether within or outside Zimbabwe, of a crime constituted by any of the acts specified in paragraphs (a) to (e) of subsection (1).
 +
 
 
(3)  If a person convicted of unlawful dealing in a dangerous drug in aggravating circumstances satisfies the court that there are special circumstances in the particular case, which circumstances shall be recorded by the court, why the penalty provided under subparagraph (i) of subsection (1) should not be imposed, the convicted person shall be liable to the penalty provided under subparagraph (ii) of subsection (1).
 
(3)  If a person convicted of unlawful dealing in a dangerous drug in aggravating circumstances satisfies the court that there are special circumstances in the particular case, which circumstances shall be recorded by the court, why the penalty provided under subparagraph (i) of subsection (1) should not be imposed, the convicted person shall be liable to the penalty provided under subparagraph (ii) of subsection (1).
 +
 
(4)  A court sentencing a person under subparagraph (i) of subsection (1) shall not order that the operation of the whole or any part of the sentence be suspended.
 
(4)  A court sentencing a person under subparagraph (i) of subsection (1) shall not order that the operation of the whole or any part of the sentence be suspended.
157 Unlawful possession or use of dangerous drugs
+
 
 +
'''157 Unlawful possession or use of dangerous drugs'''
 +
 
  
(a) acquires or possesses a dangerous drug;  or
+
 
(b) ingests, smokes or otherwise consumes a dangerous drug;  or
+
(a) acquires or possesses a dangerous drug;  or
(c) cultivates, produces or manufactures a dangerous drug for his or her own consumption;
+
 
 +
(b) ingests, smokes or otherwise consumes a dangerous drug;  or
 +
 
 +
(c) cultivates, produces or manufactures a dangerous drug for his or her own consumption;
 +
 
 
shall be guilty of unlawfully possessing or using a dangerous drug and, subject to subsection (2), liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
 
shall be guilty of unlawfully possessing or using a dangerous drug and, subject to subsection (2), liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
 +
 
(2)  Where a court convicts any person of the crime of unlawfully possessing or using a dangerous drug and it is established that the person is an abuser of and addicted to a dangerous drug the court may, additionally or alternatively to any sentence imposable under subsection (1), impose a sentence requiring the person to undergo treatment for such addiction.
 
(2)  Where a court convicts any person of the crime of unlawfully possessing or using a dangerous drug and it is established that the person is an abuser of and addicted to a dangerous drug the court may, additionally or alternatively to any sentence imposable under subsection (1), impose a sentence requiring the person to undergo treatment for such addiction.
158 Crimes under sections 156 and 157 committed outside Zimbabwe
+
 
 +
'''158 Crimes under sections 156 and 157 committed outside Zimbabwe'''
 +
 
  
(a) constitute the crime of unlawful dealing in dangerous drugs or unlawful possession or use of dangerous drugs;  or
+
 
(b) constitute an attempt, conspiracy or incitement to commit a crime referred to in paragraph (a);
+
(a) constitute the crime of unlawful dealing in dangerous drugs or unlawful possession or use of dangerous drugs;  or
(c) render him or her liable as an accomplice or accessory to a crime referred to in paragraph (a);
+
 
 +
(b) constitute an attempt, conspiracy or incitement to commit a crime referred to in paragraph (a);
 +
 
 +
(c) render him or her liable as an accomplice or accessory to a crime referred to in paragraph (a);
 +
 
 
shall, if such crime is punishable under a corresponding law in force in that place outside Zimbabwe, be guilty of the appropriate crime referred to in paragraph (a) or (b) or (c) and liable to be sentenced accordingly.
 
shall, if such crime is punishable under a corresponding law in force in that place outside Zimbabwe, be guilty of the appropriate crime referred to in paragraph (a) or (b) or (c) and liable to be sentenced accordingly.
 +
 
(2)  Any person who, in Zimbabwe, conspires with or incites another person to do anything outside Zimbabwe which, if it were done in Zimbabwe, would constitute the crime of unlawful dealing in dangerous drugs or unlawful possession or use of dangerous drugs, shall, if such crime is punishable under a corresponding law in force in that place outside Zimbabwe, be guilty of conspiracy or incitement, as the case may be, to commit the appropriate crime and liable to be sentenced accordingly.
 
(2)  Any person who, in Zimbabwe, conspires with or incites another person to do anything outside Zimbabwe which, if it were done in Zimbabwe, would constitute the crime of unlawful dealing in dangerous drugs or unlawful possession or use of dangerous drugs, shall, if such crime is punishable under a corresponding law in force in that place outside Zimbabwe, be guilty of conspiracy or incitement, as the case may be, to commit the appropriate crime and liable to be sentenced accordingly.
159 Permitting premises to be used for the unlawful dealing in or use of dangerous drugs
+
 
 +
'''159 Permitting premises to be used for the unlawful dealing in or use of dangerous drugs'''
 +
 
  
(a) being the occupier of any premises, permits those premises to be used for purpose of the unlawful cultivation, manufacture, sale, supply, storage or consumption of a dangerous drug;  or
+
 
(b) is concerned in the management of any premises used for any purpose referred to in paragraph (a);
+
(a) being the occupier of any premises, permits those premises to be used for purpose of the unlawful cultivation, manufacture, sale, supply, storage or consumption of a dangerous drug;  or
 +
 
 +
(b) is concerned in the management of any premises used for any purpose referred to in paragraph (a);
 +
 
 
shall be guilty of permitting premises to be used for the unlawful dealing in or use of dangerous drugs and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding ten years or both.
 
shall be guilty of permitting premises to be used for the unlawful dealing in or use of dangerous drugs and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding ten years or both.
160 Concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous drugs
+
 
 +
'''160 Concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous drugs'''
 +
 
  
(a) converts or transfers such property for the purpose of concealing or disguising the origin of the property;  or
+
 
(b) conceals or disguises the true nature, source, location, disposition, movement, rights with respect to, or ownership of such property;  or
+
(a) converts or transfers such property for the purpose of concealing or disguising the origin of the property;  or
(c) acquires, possesses or uses such property;
+
 
 +
(b) conceals or disguises the true nature, source, location, disposition, movement, rights with respect to, or ownership of such property;  or
 +
 
 +
(c) acquires, possesses or uses such property;
 +
 
 
shall be guilty of concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous drugs and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both.
 
shall be guilty of concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous drugs and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both.
161 Persons who may lawfully possess, deal in or use dangerous drugs
+
 
 +
'''161 Persons who may lawfully possess, deal in or use dangerous drugs'''
 +
 
  
(a) a person licensed to do so under the Medicines and Allied Substances Control Act [Chapter 15:03];
+
 
(b) any medical practitioner, dental practitioner or veterinary surgeon;
+
(a) a person licensed to do so under the Medicines and Allied Substances Control Act [Chapter 15:03];
+
 
(i) employed in a hospital, clinic, dispensary or like institution administered by the State or by a local authority, or in any other hospital, clinic, dispensary or like institution approved by the Minister responsible for health;  or
+
(b) any medical practitioner, dental practitioner or veterinary surgeon;
(ii) employed in any medical store of the State;
+
 
+
 
(i) a university, a university college or other educational institution approved by the Minister responsible for health;  or
+
 
(ii) any hospital referred to in subparagraph (i) of paragraph (c);
+
(i) employed in a hospital, clinic, dispensary or like institution administered by the State or by a local authority, or in any other hospital, clinic, dispensary or like institution approved by the Minister responsible for health;  or
(e) any analyst employed by the State;  or
+
 
(f) any inspector appointed in terms of the Medicines and Allied Substances Control Act [Chapter 15:03];  or
+
(ii) employed in any medical store of the State;
(g) any other person prescribed by the Minister by notice in a statutory instrument after consultation with the Minister responsible for health;
+
 
may, in that capacity and so far as is necessary for the practice or exercise of that person's profession, function or employment, lawfully acquire, possess and supply any coca bush, cannabis plant, raw opium or scheduled drug and, in the case of a Part I scheduled drug, prescribe, administer, manufacture or compound such drug.
+
 
 
+
 
(a) in charge of a ward, theatre or out-patients' department in any hospital referred to in subparagraph (i) of paragraph (c) of subsection (1);  or
+
(i) a university, a university college or other educational institution approved by the Minister responsible for health;  or
+
 
(i) is employed in a supervisory capacity over two or more wards in any hospital referred to in subparagraph (i) of paragraph (c) of subsection (1);  and
+
(ii) any hospital referred to in subparagraph (i) of paragraph (c);  
(ii) has been appointed by the medical practitioner in charge of the hospital to be responsible at any time for the distribution of Part I scheduled drugs within the hospital;
+
 
 +
(e) any analyst employed by the State;  or
 +
 
 +
(f) any inspector appointed in terms of the Medicines and Allied Substances Control Act [Chapter 15:03];  or
 +
 
 +
(g) any other person prescribed by the Minister by notice in a statutory instrument after consultation with the Minister responsible for health;
 +
 
 +
may, in that capacity and so far as is necessary for the practice or exercise of that person's profession, function or employment, lawfully acquire, possess and supply any coca bush, cannabis plant, raw opium or scheduled drug and, in the case of a Part I scheduled drug, prescribe, administer, manufacture or compound such drug.
 +
 
 +
 
 +
 
 +
(a) in charge of a ward, theatre or out-patients' department in any hospital referred to in subparagraph (i) of paragraph (c) of subsection (1);  or
 +
 
 +
 
 +
 
 +
(i) is employed in a supervisory capacity over two or more wards in any hospital referred to in subparagraph (i) of paragraph (c) of subsection (1);  and
 +
 
 +
(ii) has been appointed by the medical practitioner in charge of the hospital to be responsible at any time for the distribution of Part I scheduled drugs within the hospital;
 +
 
 
may, in that capacity and so far as is necessary for the practice of that nurse's profession, function or employment, lawfully acquire, administer, possess and supply a Part I scheduled drug.
 
may, in that capacity and so far as is necessary for the practice of that nurse's profession, function or employment, lawfully acquire, administer, possess and supply a Part I scheduled drug.
 +
 
(3)  A person licensed by the Authority may, in accordance with the terms and conditions of the licence, import or export opium poppies, coca bushes, cannabis plants or a Part I scheduled drug.
 
(3)  A person licensed by the Authority may, in accordance with the terms and conditions of the licence, import or export opium poppies, coca bushes, cannabis plants or a Part I scheduled drug.
 +
 
(4)  A person licensed by the Authority may, in accordance with the terms and conditions of the licence, cultivate opium poppies, coca bushes or cannabis plants.
 
(4)  A person licensed by the Authority may, in accordance with the terms and conditions of the licence, cultivate opium poppies, coca bushes or cannabis plants.
 +
 
(5)  A person licensed by the Authority may, in accordance with the terms and conditions of the licence and on premises authorised or licensed by the Authority for the purpose, manufacture a Part I scheduled drug or carry on any process in the manufacture of a Part I scheduled drug.
 
(5)  A person licensed by the Authority may, in accordance with the terms and conditions of the licence and on premises authorised or licensed by the Authority for the purpose, manufacture a Part I scheduled drug or carry on any process in the manufacture of a Part I scheduled drug.
 +
 
(6)  Subject to subsection (7), any person to whom a Part I scheduled drug has been supplied in accordance with a prescription by a medical practitioner, dental practitioner or veterinary surgeon shall be regarded as a person lawfully in possession of that drug.
 
(6)  Subject to subsection (7), any person to whom a Part I scheduled drug has been supplied in accordance with a prescription by a medical practitioner, dental practitioner or veterinary surgeon shall be regarded as a person lawfully in possession of that drug.
 +
 
(7)  A person who is lawfully supplied with a Part I scheduled drug by, or on a prescription given by, a medical practitioner shall not be treated as a person lawfully in possession of that drug if, at the time when he or she is so supplied, he or she is also being supplied with a Part I scheduled drug by or on a prescription given by another medical practitioner, and did not disclose that fact to the first-mentioned medical practitioner.
 
(7)  A person who is lawfully supplied with a Part I scheduled drug by, or on a prescription given by, a medical practitioner shall not be treated as a person lawfully in possession of that drug if, at the time when he or she is so supplied, he or she is also being supplied with a Part I scheduled drug by or on a prescription given by another medical practitioner, and did not disclose that fact to the first-mentioned medical practitioner.
CHAPTER VIII
+
 
COMPUTER-RELATED CRIMES
+
== CHAPTER VIII ==
162 Interpretation in Chapter VIII
+
 
 +
===COMPUTER-RELATED CRIMES===
 +
 
 +
'''162 Interpretation in Chapter VIII'''
 +
 
  
 +
 
"computer" means a device or apparatus or series of devices which, by electronic, electromagnetic, electro-mechanical or other means, is capable of one or more of the following?
 
"computer" means a device or apparatus or series of devices which, by electronic, electromagnetic, electro-mechanical or other means, is capable of one or more of the following?
(a) receiving or absorbing data and instructions supplied to it;
+
 
(b) processing data according to rules or instructions;
+
(a) receiving or absorbing data and instructions supplied to it;
(c) storing and additionally, or alternatively, reproducing data before or after processing the data;
+
 
and includes?
+
(b) processing data according to rules or instructions;
(i) the devices or apparatus or series of devices commonly known as automatic telling machines, electronic cash registers and point-of-sale tills;  and
+
 
(ii) any other device or apparatus used for the electronic processing of monetary transactions;
+
(c) storing and additionally, or alternatively, reproducing data before or after processing the data;  
"computer virus" means any set of computer instructions that are, or any data, programme or system that is, designed directly or indirectly to?
+
and includes?
(a) destroy or alter;  or
+
 
(b) render meaningless, useless or ineffective;  or  
+
(i) the devices or apparatus or series of devices commonly known as automatic telling machines, electronic cash registers and point-of-sale tills;  and
(c) obstruct, intercept, divert, interrupt or interfere with the use of;
+
 
any computer or computer network;
+
(ii) any other device or apparatus used for the electronic processing of monetary transactions;
"computer network" means the interconnection of one or more computers through?
+
 
(a) the use of satellite, microwave, terrestrial line or other communication media;  or
+
"computer virus" means any set of computer instructions that are, or any data, programme or system that is, designed directly or indirectly to?
(b) computer terminals, or a complex consisting of two or more interconnected computers, whether or not the interconnection is continuously maintained;
+
 
 +
(a) destroy or alter;  or
 +
 
 +
(b) render meaningless, useless or ineffective;  or  
 +
 
 +
(c) obstruct, intercept, divert, interrupt or interfere with the use of;
 +
 
 +
any computer or computer network;
 +
 
 +
"computer network" means the interconnection of one or more computers through?
 +
 
 +
(a) the use of satellite, microwave, terrestrial line or other communication media;  or
 +
 
 +
(b) computer terminals, or a complex consisting of two or more interconnected computers, whether or not the interconnection is continuously maintained;
 +
 
 
"credit or debit card" means a card, disc, plate or token which, directly or indirectly, causes a computer to function;
 
"credit or debit card" means a card, disc, plate or token which, directly or indirectly, causes a computer to function;
 +
 
"data" means representations of information or concepts that are being prepared or have been prepared for storage or use in a computer;
 
"data" means representations of information or concepts that are being prepared or have been prepared for storage or use in a computer;
 +
 
"essential service" and "law enforcement agency" have the meanings given to those terms by section nineteen;
 
"essential service" and "law enforcement agency" have the meanings given to those terms by section nineteen;
 +
 
"function" includes an operation or exercise of logic, control, arithmetic, deletion, storage, retrieval and communication within, to or from a system;
 
"function" includes an operation or exercise of logic, control, arithmetic, deletion, storage, retrieval and communication within, to or from a system;
 +
 
"owner", in relation to a computer or computer network, means the owner or person entitled to possess or control the computer or computer network;
 
"owner", in relation to a computer or computer network, means the owner or person entitled to possess or control the computer or computer network;
 +
 
"password or pin number" means any combination of letters, numbers or symbols that belongs or is assigned to a particular user for the purpose of enabling that user to gain access to a programme or system which is held in a computer or computer network;
 
"password or pin number" means any combination of letters, numbers or symbols that belongs or is assigned to a particular user for the purpose of enabling that user to gain access to a programme or system which is held in a computer or computer network;
 +
 
"programme" means data or a set of instructions which, when executed in a computer, causes the computer to perform a function;
 
"programme" means data or a set of instructions which, when executed in a computer, causes the computer to perform a function;
 +
 
"system" means an arrangement of data or one or more programmes which, when executed, performs a function.
 
"system" means an arrangement of data or one or more programmes which, when executed, performs a function.
 +
 
(2)  For the purposes of this Chapter the Minister may, by notice in a statutory instrument?
 
(2)  For the purposes of this Chapter the Minister may, by notice in a statutory instrument?
(a) specify as a computer any particular device or apparatus that is or may be comprised within the definition of "computer" in subsection (1);  or
+
 
(b) exclude from the definition of "computer" in subsection (1) any specified device or apparatus.
+
(a) specify as a computer any particular device or apparatus that is or may be comprised within the definition of "computer" in subsection (1);  or
163 Unauthorised access to or use of computer or computer network
+
 
 +
(b) exclude from the definition of "computer" in subsection (1) any specified device or apparatus.
 +
 
 +
'''163 Unauthorised access to or use of computer or computer network'''
 +
 
  
(a) gains access to;  or
+
 
(b) destroys or alters;  or
+
(a) gains access to;  or
(c) renders meaningless, useless or ineffective;  or
+
 
(d) copies or transfers;  or
+
(b) destroys or alters;  or
(e) obstructs, intercepts, diverts, interrupts or interferes with the use of;
+
 
 
+
(c) renders meaningless, useless or ineffective;  or
(i) if the crime was committed in any of the aggravating circumstances described in section one hundred and sixty-six, to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both;  or
+
 
(ii) in any other case, to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both.
+
(d) copies or transfers;  or
(2)  It shall be a defence to a charge of unauthorised access to or use of a computer for the accused to prove that he or she was not motivated by malice when engaging in the conduct constituting the crime, and that the conduct did not materially affect the data, programme or system in question nor the interests of the owner of the computer or computer network.
+
 
164 Deliberate introduction of computer virus into computer or computer network
+
(e) obstructs, intercepts, diverts, interrupts or interferes with the use of;
 +
 
 +
 
 +
 
 +
(i) if the crime was committed in any of the aggravating circumstances described in section one hundred and sixty-six, to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both;  or
 +
 
 +
(ii) in any other case, to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both.
 +
 
 +
(2)  It shall be a defence to a charge of unauthorised access to or use of a computer for the accused to prove that he or she was not motivated by malice when engaging in the conduct constituting the crime, and that the conduct did not materially affect the data, programme or system in question nor the interests of the owner of the computer or computer network.
 +
 
 +
'''164 Deliberate introduction of computer virus into computer or computer network'''
 +
 
  
(a) if the crime was committed in any of the aggravating circumstances described in section one hundred and sixty-six, to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both;  or
+
 
(b) in any other case, to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both.
+
(a) if the crime was committed in any of the aggravating circumstances described in section one hundred and sixty-six, to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both;  or
165 Unauthorised manipulation of proposed computer programme
+
 
 +
(b) in any other case, to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both.
 +
 
 +
'''165 Unauthorised manipulation of proposed computer programme'''
 +
 
  
(a) if the crime was committed in any of the aggravating circumstances described in section one hundred and sixty-six, to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both;  or
+
 
(b) in any other case, to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both.
+
(a) if the crime was committed in any of the aggravating circumstances described in section one hundred and sixty-six, to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both;  or
166 Aggravating circumstances in relation to crimes under sections 163, 164 and 165
+
 
 +
(b) in any other case, to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both.
 +
 
 +
'''166 Aggravating circumstances in relation to crimes under sections 163, 164 and 165'''
 +
 
  
(a) committed in connection with or in furtherance of the commission or attempted commission of the crime of insurgency, banditry, sabotage or terrorism, theft, unauthorised borrowing or use of property, extortion, fraud, forgery, malicious damage to property, damaging, destroying or prejudicing the safe operation of an aircraft, concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous drugs, corruptly using a false document or defeating or obstructing the course of justice;  or
+
 
(b) the computer, computer network, data, programme or system is owned by the State, a law enforcement agency, the Defence Forces, the Prison Service, a statutory corporation or a local or like authority;  or
+
(a) committed in connection with or in furtherance of the commission or attempted commission of the crime of insurgency, banditry, sabotage or terrorism, theft, unauthorised borrowing or use of property, extortion, fraud, forgery, malicious damage to property, damaging, destroying or prejudicing the safe operation of an aircraft, concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous drugs, corruptly using a false document or defeating or obstructing the course of justice;  or
(c) the crime occasions considerable material prejudice to the owner of the computer, computer network, data, programme or system;  or
+
 
(d) the crime disrupts or interferes with an essential service.
+
(b) the computer, computer network, data, programme or system is owned by the State, a law enforcement agency, the Defence Forces, the Prison Service, a statutory corporation or a local or like authority;  or
167 Unauthorised use or possession of credit or debit cards
+
 
 +
(c) the crime occasions considerable material prejudice to the owner of the computer, computer network, data, programme or system;  or
 +
 
 +
(d) the crime disrupts or interferes with an essential service.
 +
 
 +
'''167 Unauthorised use or possession of credit or debit cards'''
 +
 
  
(a) without authority, manufactures, copies or uses;  or
+
 
(b) without reasonable excuse, possesses;
+
(a) without authority, manufactures, copies or uses;  or
 +
 
 +
(b) without reasonable excuse, possesses;
 +
 
 
any credit or debit card belonging to another person shall be guilty of unauthorised use or possession of a credit or debit card and liable to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both.
 
any credit or debit card belonging to another person shall be guilty of unauthorised use or possession of a credit or debit card and liable to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both.
168 Unauthorised use of password or pin-number
+
 
 +
'''168 Unauthorised use of password or pin-number'''
 +
 
 
Any person who without authority intentionally uses any password or pin-number which belongs to or which has been assigned to another person shall be guilty of unauthorised use of a password or pin-number and liable to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both.
 
Any person who without authority intentionally uses any password or pin-number which belongs to or which has been assigned to another person shall be guilty of unauthorised use of a password or pin-number and liable to a fine not exceeding level eight or imprisonment for a period not exceeding three years or both.
CHAPTER IX
+
 
BRIBERY AND CORRUPTION
+
== CHAPTER IX ==
169 Interpretation in Chapter IX
+
 
In this Chapter?
+
===BRIBERY AND CORRUPTION===
 +
 
 +
'''169 Interpretation in Chapter IX'''
 +
 
 +
In this Chapter?
 +
 
 
"agent" means a person employed by or acting for another person in any capacity whatsoever and, without limiting this definition in any way, includes?
 
"agent" means a person employed by or acting for another person in any capacity whatsoever and, without limiting this definition in any way, includes?
(a) a director or secretary of a company;
+
(a) a director or secretary of a company;
(b) the trustee of an insolvent estate;
+
 
(c) the assignee of an estate that has been assigned for the benefit or with the consent of creditors;
+
(b) the trustee of an insolvent estate;
(d) the liquidator of a company or other body corporate that is being wound up or dissolved;
+
 
(e) the executor of the estate of a deceased person;
+
(c) the assignee of an estate that has been assigned for the benefit or with the consent of creditors;
(f) the legal representative of a person who is a minor or of unsound mind or who is otherwise under legal disability;
+
 
(g) a public officer;
+
(d) the liquidator of a company or other body corporate that is being wound up or dissolved;
(h) a member of a board, committee or other authority which is responsible for administering the affairs or business of a body corporate or association other than a statutory body or local authority;
+
 
(i) a person who voluntarily?
+
(e) the executor of the estate of a deceased person;
(i) manages the affairs or business of another person;  or
+
 
(ii) takes care of the property of another person;
+
(f) the legal representative of a person who is a minor or of unsound mind or who is otherwise under legal disability;
without the knowledge or consent of that other person;
+
 
 +
(g) a public officer;
 +
 
 +
(h) a member of a board, committee or other authority which is responsible for administering the affairs or business of a body corporate or association other than a statutory body or local authority;
 +
 
 +
(i) a person who voluntarily?
 +
 
 +
(i) manages the affairs or business of another person;  or
 +
 
 +
(ii) takes care of the property of another person;
 +
 
 +
without the knowledge or consent of that other person;
 +
 
 
"consideration" means any right, interest, profit, indemnity, benefit or advantage of any kind whatsoever;
 
"consideration" means any right, interest, profit, indemnity, benefit or advantage of any kind whatsoever;
 +
 
"local authority" means a city, municipality, town council, town board, provincial council, rural district council or any similar body established by or in terms of any enactment;
 
"local authority" means a city, municipality, town council, town board, provincial council, rural district council or any similar body established by or in terms of any enactment;
 +
 
"principal" means the employer or other person for whom an agent acts and, in relation to?
 
"principal" means the employer or other person for whom an agent acts and, in relation to?
(a) a trustee, assignee, liquidator, executor or legal representative referred to in the definition of "agent", includes?
+
 
(i) all persons represented by the trustee, assignee, liquidator, executor or legal representative, as the case may be, or in relation to whom he or she stands in a position of trust;  and
+
(a) a trustee, assignee, liquidator, executor or legal representative referred to in the definition of "agent", includes?
(ii) any public officer who is responsible for supervising the activities of the trustee, assignee, liquidator, executor or legal representative;
+
 
(b) a public officer who is a Minister and a member of the Cabinet, includes both the State and the Cabinet;
+
(i) all persons represented by the trustee, assignee, liquidator, executor or legal representative, as the case may be, or in relation to whom he or she stands in a position of trust;  and
(c) a member of a council, board, committee or authority which is responsible for administering the affairs or business of a statutory body, local authority, body corporate or association, includes both such council, board, committee or authority and the statutory body, local authority, body corporate or association for whose affairs or business it is responsible;
+
 
 +
(ii) any public officer who is responsible for supervising the activities of the trustee, assignee, liquidator, executor or legal representative;
 +
 
 +
(b) a public officer who is a Minister and a member of the Cabinet, includes both the State and the Cabinet;
 +
 
 +
(c) a member of a council, board, committee or authority which is responsible for administering the affairs or business of a statutory body, local authority, body corporate or association, includes both such council, board, committee or authority and the statutory body, local authority, body corporate or association for whose affairs or business it is responsible;
 +
 
 
"public officer" means?
 
"public officer" means?
(a) a Vice-President, Minister or Deputy Minister;  or
+
 
(b) a governor appointed in terms of an Act referred to in section 111A of the Constitution;  or
+
(a) a Vice-President, Minister or Deputy Minister;  or
(c) a member of a council, board, committee or other authority which is a statutory body or local authority or which is responsible for administering the affairs or business of a statutory body or local authority;  or
+
 
(d) a person holding or acting in a paid office in the service of the State, a statutory body or a local authority;  or
+
(b) a governor appointed in terms of an Act referred to in section 111A of the Constitution;  or
(e) a judicial officer;
+
 
 +
(c) a member of a council, board, committee or other authority which is a statutory body or local authority or which is responsible for administering the affairs or business of a statutory body or local authority;  or
 +
 
 +
(d) a person holding or acting in a paid office in the service of the State, a statutory body or a local authority;  or
 +
 
 +
(e) a judicial officer;
 +
 
 
"statutory body" means?
 
"statutory body" means?
(a) any Commission established by the Constitution;  or
+
 
(b) any body corporate established directly by or under an Act for special purposes specified in that Act.
+
(a) any Commission established by the Constitution;  or
170 Bribery
+
 
 +
(b) any body corporate established directly by or under an Act for special purposes specified in that Act.
 +
 
 +
'''170 Bribery'''
 +
 
 
(1)  Any?
 
(1)  Any?
(a) agent who obtains or agrees to obtain or solicits or agrees to accept for himself or herself or any other person any gift or consideration as an inducement or reward?
+
 
(i) for doing or omitting to do, or having done or omitted to do, any act in relation to his or her principal's affairs or business;  or
+
(a) agent who obtains or agrees to obtain or solicits or agrees to accept for himself or herself or any other person any gift or consideration as an inducement or reward?
(ii) for showing or not showing, or having shown or not shown, any favour or disfavour to any person or thing in relation to his or her principal's affairs or business;
+
 
knowing or realising that there is a real risk or possibility that such gift or consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and his or her principal;
+
(i) for doing or omitting to do, or having done or omitted to do, any act in relation to his or her principal's affairs or business;  or
or
+
 
(b) person who, for himself or herself or any other person, gives or agrees to give or offers to an agent any gift or consideration as an inducement or reward?
+
(ii) for showing or not showing, or having shown or not shown, any favour or disfavour to any person or thing in relation to his or her principal's affairs or business;
(i) for doing or omitting to do, or having done or omitted to do, any act in relation to his or her principal's affairs or business;  or
+
 
(ii) for showing or not showing, or having shown or not shown, any favour or disfavour to any person or thing in relation to his or her principal's affairs or business;
+
knowing or realising that there is a real risk or possibility that such gift or consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and his or her principal;
knowing or realising that there is a real risk or possibility that such gift or consideration is not due to the agent in terms of any agreement or arrangement between the agent and his or her principal;
+
 
 +
or
 +
 
 +
(b) person who, for himself or herself or any other person, gives or agrees to give or offers to an agent any gift or consideration as an inducement or reward?
 +
 
 +
(i) for doing or omitting to do, or having done or omitted to do, any act in relation to his or her principal's affairs or business;  or
 +
 
 +
(ii) for showing or not showing, or having shown or not shown, any favour or disfavour to any person or thing in relation to his or her principal's affairs or business;
 +
 
 +
knowing or realising that there is a real risk or possibility that such gift or consideration is not due to the agent in terms of any agreement or arrangement between the agent and his or her principal;
 +
 
 
shall be guilty of bribery and liable to?
 
shall be guilty of bribery and liable to?
A. a fine not exceeding level fourteen or not exceeding three times the value of any consideration obtained or given in the course of the crime, whichever is the greater;  or
+
 
B. imprisonment for a period not exceeding twenty years;
+
A. a fine not exceeding level fourteen or not exceeding three times the value of any consideration obtained or given in the course of the crime, whichever is the greater;  or
 +
 
 +
B. imprisonment for a period not exceeding twenty years;
 +
 
 
or both.
 
or both.
 +
 
(2)  If it is proved, in any prosecution for bribery, that?
 
(2)  If it is proved, in any prosecution for bribery, that?
(a) an agent has obtained, agreed to obtain or solicited any benefit or advantage, whether for himself or herself or for another person;  or
+
 
(b) any person has given, agreed to give or offered any benefit or advantage?
+
(a) an agent has obtained, agreed to obtain or solicited any benefit or advantage, whether for himself or herself or for another person;  or
(i) to an agent, whether for himself or herself or for another person;  or
+
 
(ii) to any other person, after agreeing with an agent to do so;
+
(b) any person has given, agreed to give or offered any benefit or advantage?
 +
 
 +
(i) to an agent, whether for himself or herself or for another person;  or
 +
 
 +
(ii) to any other person, after agreeing with an agent to do so;
 +
 
 
it shall be presumed, unless the contrary is proved, that he or she did so in contravention of this section.
 
it shall be presumed, unless the contrary is proved, that he or she did so in contravention of this section.
171 Corruptly using a false document
+
 
 +
'''171 Corruptly using a false document'''
 +
 
 
(1)  Any?
 
(1)  Any?
(a) agent who, in connection with his or her principal's affairs or business, uses a document which contains a false statement?
+
 
(i) knowing that the document contains a false statement or realising that there is a real risk or possibility that it may do so;  and
+
(a) agent who, in connection with his or her principal's affairs or business, uses a document which contains a false statement?
(ii) intending by the use of the document to deceive his or her principal, or realising that there is a real risk or possibility that his or her use of the document may deceive his or her principal;
+
 
or
+
(i) knowing that the document contains a false statement or realising that there is a real risk or possibility that it may do so;  and
(b) person who gives an agent a document which contains a false statement?
+
 
(i) knowing that the document contains a false statement or realising that there is a real risk or possibility that it may do so;  and
+
(ii) intending by the use of the document to deceive his or her principal, or realising that there is a real risk or possibility that his or her use of the document may deceive his or her principal;
(ii) intending to deceive the agent or the agent's principal or realising that there is a real risk or possibility that by his or her use of the document the agent or the agent's principal may be deceived;
+
 
shall be guilty of corruptly using a false document and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both.
+
or
 +
 
 +
(b) person who gives an agent a document which contains a false statement?
 +
 
 +
(i) knowing that the document contains a false statement or realising that there is a real risk or possibility that it may do so;  and
 +
 
 +
(ii) intending to deceive the agent or the agent's principal or realising that there is a real risk or possibility that by his or her use of the document the agent or the agent's principal may be deceived;
 +
 
 +
shall be guilty of corruptly using a false document and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both.
 +
 
 
(2)  For the purposes of paragraph (b) of subsection (1), where a person gives an agent a false document, intending to deceive the agent or the agent's principal in the conduct of his or her principal's affairs or business or realising that there is a real risk or possibility that the agent or the agent's principal may be so deceived, the person shall be presumed, unless the contrary is proved, to intend to deceive the agent's principal as well as the agent, or to realise that there is a real risk or possibility that the agent's principal as well as the agent may be deceived, as the case may be.
 
(2)  For the purposes of paragraph (b) of subsection (1), where a person gives an agent a false document, intending to deceive the agent or the agent's principal in the conduct of his or her principal's affairs or business or realising that there is a real risk or possibility that the agent or the agent's principal may be so deceived, the person shall be presumed, unless the contrary is proved, to intend to deceive the agent's principal as well as the agent, or to realise that there is a real risk or possibility that the agent's principal as well as the agent may be deceived, as the case may be.
172 Corruptly concealing a transaction from a principal
+
 
 +
'''172 Corruptly concealing a transaction from a principal'''
 +
 
 
(1)  Any?
 
(1)  Any?
(a) agent who, having carried out any transaction in connection with his or her principal's affairs or business, fails to disclose to the principal the full nature of the transaction?
+
 
(i) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived;  or
+
(a) agent who, having carried out any transaction in connection with his or her principal's affairs or business, fails to disclose to the principal the full nature of the transaction?
(ii) intending to obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal;  or
+
 
(b) person who?
+
(i) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived;  or
(i) carries out any transaction with an agent in connection with the affairs or business of the agent's principal;  or
+
 
(ii) assists an agent to carry out any such transaction;
+
(ii) intending to obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal;  or
knowing that the agent does not intend to disclose to the principal the full nature of the transaction;
+
 
 +
(b) person who?
 +
 
 +
(i) carries out any transaction with an agent in connection with the affairs or business of the agent's principal;  or
 +
 
 +
(ii) assists an agent to carry out any such transaction;
 +
 
 +
knowing that the agent does not intend to disclose to the principal the full nature of the transaction;
 +
 
 
shall be guilty of corruptly concealing a transaction from a principal and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both.
 
shall be guilty of corruptly concealing a transaction from a principal and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both.
 +
 
(2)  Where an agent agrees or arranges with another person or a person agrees or arranges with an agent not to disclose to the agent's principal the full nature of any transaction which the agent has carried out or will carry out in connection with the principal's affairs or business, and the agent or person so agreed or arranged?
 
(2)  Where an agent agrees or arranges with another person or a person agrees or arranges with an agent not to disclose to the agent's principal the full nature of any transaction which the agent has carried out or will carry out in connection with the principal's affairs or business, and the agent or person so agreed or arranged?
(a) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived;  or
+
 
(b) intending that the agent should obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to the agent in terms of any agreement or arrangement between the agent and the principal;
+
(a) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived;  or
 +
 
 +
(b) intending that the agent should obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to the agent in terms of any agreement or arrangement between the agent and the principal;
 +
 
 
the competent charge shall be conspiracy to commit the crime of corruptly concealing a transaction from a principal.
 
the competent charge shall be conspiracy to commit the crime of corruptly concealing a transaction from a principal.
 +
 
(3)  If it is proved, in any prosecution for corruptly concealing a transaction from a principal, that?
 
(3)  If it is proved, in any prosecution for corruptly concealing a transaction from a principal, that?
(a) an agent?
+
 
(i) agreed or arranged with another person that the full nature of any transaction should not be disclosed to the agent's principal;  or
+
(a) an agent?
(ii) failed to disclose to his or her principal the full nature of any transaction;
+
 
the agent shall be presumed, unless the contrary is proved, to have done so intending to deceive the principal, or to obtain a consideration for himself or herself knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal, as the case may be;
+
(i) agreed or arranged with another person that the full nature of any transaction should not be disclosed to the agent's principal;  or
(b) any person agreed or arranged with an agent that the full nature of any transaction should not be disclosed to the agent's principal, that person shall be presumed, unless the contrary is proved, to have done so intending to deceive the agent's principal;
+
 
(c) any person carried out a transaction with an agent or assisted an agent to carry out a transaction the full nature of which was not disclosed to the agent's principal, that person shall be presumed, unless the contrary is proved, to have known that the agent did not intend to disclose to the principal the full nature of the transaction.
+
(ii) failed to disclose to his or her principal the full nature of any transaction;
173 Corruptly concealing from a principal a personal interest in a transaction
+
 
 +
the agent shall be presumed, unless the contrary is proved, to have done so intending to deceive the principal, or to obtain a consideration for himself or herself knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal, as the case may be;
 +
 
 +
(b) any person agreed or arranged with an agent that the full nature of any transaction should not be disclosed to the agent's principal, that person shall be presumed, unless the contrary is proved, to have done so intending to deceive the agent's principal;
 +
 
 +
(c) any person carried out a transaction with an agent or assisted an agent to carry out a transaction the full nature of which was not disclosed to the agent's principal, that person shall be presumed, unless the contrary is proved, to have known that the agent did not intend to disclose to the principal the full nature of the transaction.
 +
 
 +
'''173 Corruptly concealing from a principal a personal interest in a transaction'''
 +
 
 
(1)  Any?
 
(1)  Any?
(a) agent who carries out any transaction in connection with his or her principal's affairs or business without disclosing to the principal that he or she holds a personal interest in the subject-matter of the transaction?
+
 
(i) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived;  or
+
(a) agent who carries out any transaction in connection with his or her principal's affairs or business without disclosing to the principal that he or she holds a personal interest in the subject-matter of the transaction?
(ii) intending to obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal;
+
 
 +
(i) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived;  or
 +
 
 +
(ii) intending to obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal;
 +
 
 
or
 
or
(b) person who?
+
 
(i) carries out any transaction with an agent in connection with the affairs or business of the agent's principal;  or
+
(b) person who?
(ii) assists an agent to carry out any such transaction;
+
 
knowing that the agent does not intend to disclose to the principal a personal interest which he or she or the agent holds in the subject-matter of the transaction;
+
(i) carries out any transaction with an agent in connection with the affairs or business of the agent's principal;  or
 +
 
 +
(ii) assists an agent to carry out any such transaction;
 +
 
 +
knowing that the agent does not intend to disclose to the principal a personal interest which he or she or the agent holds in the subject-matter of the transaction;
 +
 
 
shall be guilty of corruptly concealing from a principal a personal interest in a transaction and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both.
 
shall be guilty of corruptly concealing from a principal a personal interest in a transaction and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both.
 +
 
(2)  Where an agent agrees or arranges with another person or a person agrees or arranges with the agent not to disclose to the agent's principal any personal interest held by the agent in the subject-matter of any transaction which the agent has carried out or will carry out in connection with the principal's affairs or business, and the agent or person so agreed or arranged?
 
(2)  Where an agent agrees or arranges with another person or a person agrees or arranges with the agent not to disclose to the agent's principal any personal interest held by the agent in the subject-matter of any transaction which the agent has carried out or will carry out in connection with the principal's affairs or business, and the agent or person so agreed or arranged?
(a) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived;  or
+
 
(b) intending that the agent should obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to the agent in terms of any agreement or arrangement between the agent and the principal;
+
(a) intending to deceive the principal or realising that there is a real risk or possibility that the principal may be deceived;  or
 +
 
 +
(b) intending that the agent should obtain a consideration knowing or realising that there is a real risk or possibility that such consideration is not due to the agent in terms of any agreement or arrangement between the agent and the principal;
 +
 
 
the competent charge shall be conspiracy to commit the crime of corruptly concealing from a principal a personal interest in a transaction.
 
the competent charge shall be conspiracy to commit the crime of corruptly concealing from a principal a personal interest in a transaction.
 +
 
(3)  If it is proved, in any prosecution for the crime of corruptly concealing from a principal a personal interest in a transaction, that?
 
(3)  If it is proved, in any prosecution for the crime of corruptly concealing from a principal a personal interest in a transaction, that?
(a) an agent?
+
 
(i) agreed or arranged with another person that a personal interest held by the agent in the subject-matter of any transaction should not be disclosed to the agent's principal;
+
(a) an agent?
(ii) failed to disclose to his or her principal a personal interest held by him or her in the subject-matter of any transaction;
+
 
the agent shall be presumed, unless the contrary is proved, to have done so intending to deceive the principal or to obtain a consideration for himself or herself knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal, as the case may be;
+
(i) agreed or arranged with another person that a personal interest held by the agent in the subject-matter of any transaction should not be disclosed to the agent's principal;
(b) any person agreed or arranged with an agent that a personal interest held by the agent in the subject-matter of any transaction should not be disclosed to the agent's principal, that person shall be presumed, unless the contrary is proved, to have done so intending to deceive the agent's principal;
+
 
(c) any person carried out a transaction with an agent or assisted an agent to carry out a transaction in the subject-matter of which the agent had a personal interest which was not disclosed to the agent's principal, that person shall be presumed, unless the contrary is proved, to have known of the personal interest and that the agent did not intend to disclose to the principal the personal interest held by him or her in the subject-matter of the transaction.
+
(ii) failed to disclose to his or her principal a personal interest held by him or her in the subject-matter of any transaction;
174 Criminal abuse of duty as public officer
+
 
 +
the agent shall be presumed, unless the contrary is proved, to have done so intending to deceive the principal or to obtain a consideration for himself or herself knowing or realising that there is a real risk or possibility that such consideration is not due to him or her in terms of any agreement or arrangement between himself or herself and the principal, as the case may be;
 +
 
 +
(b) any person agreed or arranged with an agent that a personal interest held by the agent in the subject-matter of any transaction should not be disclosed to the agent's principal, that person shall be presumed, unless the contrary is proved, to have done so intending to deceive the agent's principal;
 +
 
 +
(c) any person carried out a transaction with an agent or assisted an agent to carry out a transaction in the subject-matter of which the agent had a personal interest which was not disclosed to the agent's principal, that person shall be presumed, unless the contrary is proved, to have known of the personal interest and that the agent did not intend to disclose to the principal the personal interest held by him or her in the subject-matter of the transaction.
 +
 
 +
'''174 Criminal abuse of duty as public officer'''
 +
 
 
(1)  If a public officer, in the exercise of his or her functions as such, intentionally?
 
(1)  If a public officer, in the exercise of his or her functions as such, intentionally?
(a) does anything that is contrary to or inconsistent with his or her duty as a public officer;  or
+
 
(b) omits to do anything which it is his or her duty as a public officer to do;
+
(a) does anything that is contrary to or inconsistent with his or her duty as a public officer;  or
 +
 
 +
(b) omits to do anything which it is his or her duty as a public officer to do;
 +
 
 
for the purpose of showing favour or disfavour to any person, he or she shall be guilty of criminal abuse of duty as a public officer and liable to a fine not exceeding level thirteen or imprisonment for period not exceeding fifteen years or both.
 
for the purpose of showing favour or disfavour to any person, he or she shall be guilty of criminal abuse of duty as a public officer and liable to a fine not exceeding level thirteen or imprisonment for period not exceeding fifteen years or both.
 +
 
(2)  If it is proved, in any prosecution for criminal abuse of duty as a public officer, that a public officer, in breach of his or her duty as such, did or omitted to do anything to the favour or prejudice of any person, it shall be presumed, unless the contrary is proved, that he or she did or omitted to do the thing for the purpose of showing favour or disfavour, as the case may be, to that person.
 
(2)  If it is proved, in any prosecution for criminal abuse of duty as a public officer, that a public officer, in breach of his or her duty as such, did or omitted to do anything to the favour or prejudice of any person, it shall be presumed, unless the contrary is proved, that he or she did or omitted to do the thing for the purpose of showing favour or disfavour, as the case may be, to that person.
 +
 
(3)  For the avoidance of doubt it is declared that the crime of criminal abuse of duty as a public officer is not committed by a public officer who does or omits to do anything in the exercise of his or her functions as such for the purpose of favouring any person on the grounds of race or gender, if the act or omission arises from the implementation by the public officer of any Government policy aimed at the advancement of persons who have been historically disadvantaged by discriminatory laws or practices.
 
(3)  For the avoidance of doubt it is declared that the crime of criminal abuse of duty as a public officer is not committed by a public officer who does or omits to do anything in the exercise of his or her functions as such for the purpose of favouring any person on the grounds of race or gender, if the act or omission arises from the implementation by the public officer of any Government policy aimed at the advancement of persons who have been historically disadvantaged by discriminatory laws or practices.
CHAPTER X
+
 
CRIMES AGAINST LAW ENFORCEMENT AND PUBLIC ADMINISTRATION
+
== CHAPTER X ==
175 Interpretation in Chapter X
+
 
 +
===CRIMES AGAINST LAW ENFORCEMENT AND PUBLIC ADMINISTRATION===
 +
 
 +
'''175 Interpretation in Chapter X'''
 +
 
 
In this Chapter?
 
In this Chapter?
 +
 
"advantage" means any right, interest, profit, indemnity or advantage of any kind whatsoever which benefits a person, whether lawfully or otherwise, or which the person believes will so benefit him or her;
 
"advantage" means any right, interest, profit, indemnity or advantage of any kind whatsoever which benefits a person, whether lawfully or otherwise, or which the person believes will so benefit him or her;
 +
 
"corporate body of a public character" means a body corporate?
 
"corporate body of a public character" means a body corporate?
(a) established directly by or under any enactment for special purposes specified in that enactment;  or
+
 
(b) wholly owned or controlled by the State that discharges statutory functions, including functions specified by or under a licence or other like authority issued in terms of an enactment;
+
(a) established directly by or under any enactment for special purposes specified in that enactment;  or
 +
 
 +
(b) wholly owned or controlled by the State that discharges statutory functions, including functions specified by or under a licence or other like authority issued in terms of an enactment;
  
(a) any magistrate or justice of the peace;
+
 
(b) the Sheriff or any deputy sheriff;
+
(a) any magistrate or justice of the peace;
(c) any police officer;
+
 
(d) any prison officer;
+
(b) the Sheriff or any deputy sheriff;
(e) any immigration officer;
+
 
(f) any inspector of mines;
+
(c) any police officer;
+
 
(i) chief, within his or her community; or
+
(d) any prison officer;
(ii) headman, chief's messenger or headman's messenger, within the community of his or her chief, as defined in the Traditional Leaders Act [Chapter 29:17];
+
 
(h) any other person designated by the Minister by notice in a statutory instrument;
+
(e) any immigration officer;
 +
 
 +
(f) any inspector of mines;
 +
 
 +
 
 +
 
 +
(i) chief, within his or her community; or
 +
 
 +
(ii) headman, chief's messenger or headman's messenger, within the community of his or her chief, as defined in the Traditional Leaders Act [Chapter 29:17];
 +
 
 +
(h) any other person designated by the Minister by notice in a statutory instrument;
 +
 
 
"public authority" means a peace officer, public official, corporate body of a public character or any agency of the State;
 
"public authority" means a peace officer, public official, corporate body of a public character or any agency of the State;
 +
 
"public official" means?
 
"public official" means?
(a) a person who?
+
 
(i) holds public office;  or
+
(a) a person who?
(ii) is appointed to perform a public duty;
+
 
or
+
(i) holds public office;  or
(b) any employee or agent of the State or a corporate body of a public character, who is appointed as an inspector or in any other capacity to enforce the provisions of any enactment.
+
 
176 Assaulting or resisting peace officer
+
(ii) is appointed to perform a public duty;
 +
 
 +
or
 +
 
 +
(b) any employee or agent of the State or a corporate body of a public character, who is appointed as an inspector or in any other capacity to enforce the provisions of any enactment.
 +
 
 +
'''176 Assaulting or resisting peace officer'''
 +
 
 
Any person who assaults or by violent means resists a peace officer acting in the course of his or her duty, knowing that he or she is a peace officer or realising that there is a risk or possibility that he or she is a peace officer, shall be guilty of assaulting or resisting a peace officer and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both.
 
Any person who assaults or by violent means resists a peace officer acting in the course of his or her duty, knowing that he or she is a peace officer or realising that there is a risk or possibility that he or she is a peace officer, shall be guilty of assaulting or resisting a peace officer and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten years or both.
177 Undermining of police authority
+
 
 +
'''177 Undermining of police authority'''
 +
 
 
Any person who?
 
Any person who?
(a) in a public place and in the presence of?
+
 
(i) a police officer who is present on duty;  or
+
(a) in a public place and in the presence of?
(ii) a police officer who is off duty, knowing that he or she is a police officer or realising that there is a risk or possibility that he or she is a police officer;
+
 
makes any statement that is false in a material particular or does any act or thing whatsoever;
+
(i) a police officer who is present on duty;  or
or
+
 
(b) in a public place and whether or not in the presence of a police officer referred to in subparagraph (i) or (ii) of paragraph (a), makes any statement that is false in a material particular or does any act or thing whatsoever;
+
(ii) a police officer who is off duty, knowing that he or she is a police officer or realising that there is a risk or possibility that he or she is a police officer;
with the intention or realising that there is a risk or possibility of engendering feelings of hostility towards such officer or the Police Force or exposing such officer or the Police Force to contempt, ridicule or disesteem, shall be guilty of undermining police authority and liable to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both.
+
 
178 Obstruction of public official
+
makes any statement that is false in a material particular or does any act or thing whatsoever;
(1)  Any person who by physical interference obstructs a public official acting in the lawful execution of his or her duty shall be guilty of obstructing a public official and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
+
 
 +
or
 +
 
 +
(b) in a public place and whether or not in the presence of a police officer referred to in subparagraph (i) or (ii) of paragraph (a), makes any statement that is false in a material particular or does any act or thing whatsoever;
 +
 
 +
with the intention or realising that there is a risk or possibility of engendering feelings of hostility towards such officer or the Police Force or exposing such officer or the Police Force to contempt, ridicule or disesteem, shall be guilty of undermining police authority and liable to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both.
 +
 
 +
'''178 Obstruction of public official'''
 +
 
 +
(1)  Any person who by physical interference obstructs a public official acting in the lawful execution of his or her duty shall be guilty of obstructing a public official and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
 +
 
 
(2)  A person accused of obstructing a police officer investigating the commission of a crime shall be charged with the crime of defeating or obstructing the course of justice and not obstructing a public official.
 
(2)  A person accused of obstructing a police officer investigating the commission of a crime shall be charged with the crime of defeating or obstructing the course of justice and not obstructing a public official.
 +
 
(3)  Where a person is accused of obstructing a public official acting under an enactment which makes such obstruction a crime, such person shall be charged under that enactment and not under subsection (1).
 
(3)  Where a person is accused of obstructing a public official acting under an enactment which makes such obstruction a crime, such person shall be charged under that enactment and not under subsection (1).
179 Impersonating police officer, peace officer or public official
+
 
 +
'''179 Impersonating police officer, peace officer or public official'''
 +
 
 
(1)  Any person who, for the purpose of obtaining any advantage, whether for himself or herself or for some other person, impersonates a police officer, peace officer or public official shall be guilty of impersonating a police officer, peace officer or public official, as the case may be, and liable?
 
(1)  Any person who, for the purpose of obtaining any advantage, whether for himself or herself or for some other person, impersonates a police officer, peace officer or public official shall be guilty of impersonating a police officer, peace officer or public official, as the case may be, and liable?
(a) in a case where the accused impersonated a peace officer or police officer, to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both;
+
 
(b) in any other case, to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
+
(a) in a case where the accused impersonated a peace officer or police officer, to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both;
 +
 
 +
(b) in any other case, to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
 +
 
 
(2)  Where a person is accused of impersonating a police officer, peace officer or public official acting under an enactment which makes such impersonation a crime, such person shall be charged under that enactment and not under subsection (1).
 
(2)  Where a person is accused of impersonating a police officer, peace officer or public official acting under an enactment which makes such impersonation a crime, such person shall be charged under that enactment and not under subsection (1).
180 Deliberately supplying false information to public authority
+
 
 +
'''180 Deliberately supplying false information to public authority'''
 +
 
 
(1)  Any person who, for the purpose of obtaining any advantage, whether for himself or herself or for some other person, supplies any information verbally or in writing to a public authority?
 
(1)  Any person who, for the purpose of obtaining any advantage, whether for himself or herself or for some other person, supplies any information verbally or in writing to a public authority?
(a) knowing that the information is false;  or
+
 
(b) realising that there is a real risk or possibility that it may be false;
+
(a) knowing that the information is false;  or
 +
 
 +
(b) realising that there is a real risk or possibility that it may be false;
 +
 
 
shall be guilty of deliberately supplying false information to a public authority and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
 
shall be guilty of deliberately supplying false information to a public authority and liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
 +
 
(2)  Where a person is accused of deliberately supplying false information to a public authority in connection with an enactment which makes such conduct a crime, such person shall be charged under that enactment and not under subsection (1).
 
(2)  Where a person is accused of deliberately supplying false information to a public authority in connection with an enactment which makes such conduct a crime, such person shall be charged under that enactment and not under subsection (1).
 +
 
(3)  A person referred to in subsection (1) may be charged concurrently or alternatively with the crime of fraud.
 
(3)  A person referred to in subsection (1) may be charged concurrently or alternatively with the crime of fraud.
CHAPTER XI
+
 
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE
+
== CHAPTER XI ==
181 Interpretation in Chapter XI
+
 
 +
===CRIMES AGAINST THE ADMINISTRATION OF JUSTICE===
 +
 
 +
'''181 Interpretation in Chapter XI'''
 +
 
 
In this Chapter?
 
In this Chapter?
 +
 
"court" means?
 
"court" means?
(a) the Supreme Court;  or
+
 
(b) the High Court;  or
+
(a) the Supreme Court;  or
(c) the Administrative Court;  or
+
 
(d) the Labour Court established in terms of section 84 of the Labour Act [Chapter 28:01];
+
(b) the High Court;  or
(e) the Fiscal Appeal Court established in terms of section 3 of the Fiscal Appeal Court Act [Chapter 23:05];  or
+
 
(f) the Special Court for Income Tax Appeals established in terms of section 64 of the Income Tax Act [Chapter 23:06];  or
+
(c) the Administrative Court;  or
(g) the Intellectual Property Tribunal established in terms of section 3 of the Intellectual Property Tribunal Act [Chapter 26:08];
+
 
(h) a magistrates court established in terms of the Magistrates Court Act [Chapter 7:10];  or
+
(d) the Labour Court established in terms of section 84 of the Labour Act [Chapter 28:01];
(i) a local court established in terms of the Customary Law and Local Courts Act [Chapter 7:05];  or
+
 
(j) any other court or tribunal, which is established by or in terms of any enactment and which exercises judicial or quasi-judicial functions;
+
(e) the Fiscal Appeal Court established in terms of section 3 of the Fiscal Appeal Court Act [Chapter 23:05];  or
"escaped person" means a person referred to in paragraph (a) or (b) of subsection (1) of section one hundred and eighty-five who has escaped from lawful custody in contravention of that section;
+
 
"judicial proceedings" means proceedings of a court, whatever the nature of such proceedings;
+
(f) the Special Court for Income Tax Appeals established in terms of section 64 of the Income Tax Act [Chapter 23:06];  or
 +
 
 +
(g) the Intellectual Property Tribunal established in terms of section 3 of the Intellectual Property Tribunal Act [Chapter 26:08];
 +
 
 +
(h) a magistrates court established in terms of the Magistrates Court Act [Chapter 7:10];  or
 +
 
 +
(i) a local court established in terms of the Customary Law and Local Courts Act [Chapter 7:05];  or
 +
 
 +
(j) any other court or tribunal, which is established by or in terms of any enactment and which exercises judicial or quasi-judicial functions;
 +
 
 +
"escaped person" means a person referred to in paragraph (a) or (b) of subsection (1) of section one hundred and eighty-five who has escaped from lawful custody in contravention of that section;
 +
 
 +
"judicial proceedings" means proceedings of a court, whatever the nature of such proceedings;
 +
 
 
"oath" means?
 
"oath" means?
(a) an oath lawfully sworn by a person in the course of or for the purpose of judicial proceedings;  or
+
 
(b) an affirmation lawfully made by a person in place of an oath in the course of or for the purpose of judicial proceedings;  or
+
(a) an oath lawfully sworn by a person in the course of or for the purpose of judicial proceedings;  or
(c) an admonition lawfully administered to a person in place of an oath in the course of or for the purpose of judicial proceedings;
+
 
 +
(b) an affirmation lawfully made by a person in place of an oath in the course of or for the purpose of judicial proceedings;  or
 +
 
 +
(c) an admonition lawfully administered to a person in place of an oath in the course of or for the purpose of judicial proceedings;
 +
 
 
"officer of court" means any person who performs official duties in any court or in connection with judicial proceedings, and includes a legal practitioner acting in the course of such duties, but does not include a person whose duties extend only to appearing in court as a witness;
 
"officer of court" means any person who performs official duties in any court or in connection with judicial proceedings, and includes a legal practitioner acting in the course of such duties, but does not include a person whose duties extend only to appearing in court as a witness;
 +
 
"prison" has the meaning given to that term in section 2 of the Prisons Act [Chapter 7:11];
 
"prison" has the meaning given to that term in section 2 of the Prisons Act [Chapter 7:11];
 +
 
"reward" means any right, interest, profit, indemnity, benefit or advantage of any kind whatsoever which is not due to the person who receives it.
 
"reward" means any right, interest, profit, indemnity, benefit or advantage of any kind whatsoever which is not due to the person who receives it.
182 Contempt of court
+
 
 +
'''182 Contempt of court'''
 +
 
 
(1)  Any person who, by any act or omission, impairs the dignity, reputation or authority of a court?
 
(1)  Any person who, by any act or omission, impairs the dignity, reputation or authority of a court?
(a) intending to do so;  or
+
 
(b) realising that there is a real risk or possibility that his or her act or omission may have such an effect;
+
(a) intending to do so;  or
 +
 
 +
(b) realising that there is a real risk or possibility that his or her act or omission may have such an effect;
 +
 
 
shall be guilty of contempt of court and liable to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
 
shall be guilty of contempt of court and liable to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
 +
 
(2)  Without limiting subsection (1), a person may impair the dignity, reputation or authority of a court by doing any of the following acts?
 
(2)  Without limiting subsection (1), a person may impair the dignity, reputation or authority of a court by doing any of the following acts?
(a) having been properly summoned as a party or witness in any judicial proceedings to attend any court for the purpose of giving evidence or producing any document or thing before the court ?
+
 
(i) intentionally or through negligence failing to attend the court in accordance with the summons;  or
+
(a) having been properly summoned as a party or witness in any judicial proceedings to attend any court for the purpose of giving evidence or producing any document or thing before the court ?
(ii) and having attended the court, refusing to give evidence or to produce the document or thing, as the case may be;  or
+
 
(iii) refusing as a witness to answer any question put to him or her which he or she is lawfully required to answer;
+
(i) intentionally or through negligence failing to attend the court in accordance with the summons;  or
(b) obstructing, interrupting or disturbing judicial proceedings;
+
 
(c) misbehaviour in court;
+
(ii) and having attended the court, refusing to give evidence or to produce the document or thing, as the case may be;  or
(d) insulting a judicial officer or officer of court in the course of judicial proceedings;
+
 
(e) knowingly contravening or failing to comply with any order of a court which is given during or in respect of judicial proceedings and with which it is his or her duty to comply;
+
(iii) refusing as a witness to answer any question put to him or her which he or she is lawfully required to answer;
(f) by words, conduct or demeanour pretending to be an officer of the court;
+
 
(g) issuing or publishing to any other person a document that purports to be issued by or emanate from a court, knowing that the document is not issued by or does not emanate from the court concerned;
+
(b) obstructing, interrupting or disturbing judicial proceedings;
(h) publishing evidence that has been given in camera or which the court has ordered should not be published.
+
 
(3)  It shall be a defence to a charge of contempt of court in the circumstances mentioned in paragraphs (d) of subsection (2) that the person charged was criticising, fairly, temperately and without malice, the administration of justice, the conduct of a judicial officer, or any decision or proceedings of a court.
+
(c) misbehaviour in court;
183 Perjury
+
 
(1)  Any person who, in the course of or for the purpose of judicial proceedings, makes a false statement upon oath, whether the statement is written or oral?
+
(d) insulting a judicial officer or officer of court in the course of judicial proceedings;
(a) knowing that the statement is false;  or
+
 
(b) realising that there is a real risk or possibility that it may be false;
+
(e) knowingly contravening or failing to comply with any order of a court which is given during or in respect of judicial proceedings and with which it is his or her duty to comply;
shall be guilty of perjury and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
+
 
 +
(f) by words, conduct or demeanour pretending to be an officer of the court;
 +
 
 +
(g) issuing or publishing to any other person a document that purports to be issued by or emanate from a court, knowing that the document is not issued by or does not emanate from the court concerned;
 +
 
 +
(h) publishing evidence that has been given in camera or which the court has ordered should not be published.
 +
 
 +
(3)  It shall be a defence to a charge of contempt of court in the circumstances mentioned in paragraphs (d) of subsection (2) that the person charged was criticising, fairly, temperately and without malice, the administration of justice, the conduct of a judicial officer, or any decision or proceedings of a court.
 +
 
 +
'''183 Perjury'''
 +
 
 +
(1)  Any person who, in the course of or for the purpose of judicial proceedings, makes a false statement upon oath, whether the statement is written or oral?
 +
 
 +
(a) knowing that the statement is false;  or
 +
 
 +
(b) realising that there is a real risk or possibility that it may be false;
 +
 
 +
shall be guilty of perjury and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both.
 +
 
 
(2)  For the purpose of subsection (1)?
 
(2)  For the purpose of subsection (1)?
(a) a statement may be false by reason of the omission of facts as well as by the assertion of untrue or incorrect facts;
+
 
(b) it shall be immaterial that?
+
(a) a statement may be false by reason of the omission of facts as well as by the assertion of untrue or incorrect facts;
(i) the judicial proceedings concerned are held or will be held before a court that is not properly constituted or that lacks jurisdiction to entertain the proceedings;  or
+
 
(ii) the person who makes the false statement is not a competent witness in the judicial proceedings concerned;  or
+
(b) it shall be immaterial that?
(iii) the statement is irrelevant to or inadmissible as evidence in the judicial proceedings concerned.
+
 
 +
(i) the judicial proceedings concerned are held or will be held before a court that is not properly constituted or that lacks jurisdiction to entertain the proceedings;  or
 +
 
 +
(ii) the person who makes the false statement is not a competent witness in the judicial proceedings concerned;  or
 +
 
 +
(iii) the statement is irrelevant to or inadmissible as evidence in the judicial proceedings concerned.
 +
 
 
(3)  Where a person who makes a statement upon oath and thereafter, upon the same or another oath, makes another statement which is in substantial conflict with the first statement, it shall be presumed, in any proceedings for perjury in respect of the statements, that?
 
(3)  Where a person who makes a statement upon oath and thereafter, upon the same or another oath, makes another statement which is in substantial conflict with the first statement, it shall be presumed, in any proceedings for perjury in respect of the statements, that?
(a) the person made a false statement, whether or not either statement has actually been proved to have been false;  and
+
 
(b) the person knew the falsity thereof;
+
(a) the person made a false statement, whether or not either statement has actually been proved to have been false;  and
 +
 
 +
(b) the person knew the falsity thereof;
 +
 
 
unless the person proves that when he or she made each statement he or she genuinely believed that it was true.
 
unless the person proves that when he or she made each statement he or she genuinely believed that it was true.
184 Defeating or obstructing the course of justice
+
 
 +
'''184 Defeating or obstructing the course of justice'''
 +
 
 
(1)  Any person who?
 
(1)  Any person who?
(a) by any act or omission, causes judicial proceedings to be defeated or obstructed, intending to defeat or obstruct the proceedings or realising that there is a real risk or possibility that the proceedings may be defeated or obstructed;  or
+
 
(b) by any act or omission intentionally hinders or obstructs another person whom he or she knows to be an officer of court in the performance of his or her duties as such;  or
+
(a) by any act or omission, causes judicial proceedings to be defeated or obstructed, intending to defeat or obstruct the proceedings or realising that there is a real risk or possibility that the proceedings may be defeated or obstructed;  or
(c) makes any statement, whether written or oral, in connection with any case which is pending before a court, intending the statement to prejudice the trial of the case, or realising that there is a real risk or possibility that the trial of the case may be prejudiced by the statement;  or
+
 
(d) in the course of or for the purposes of judicial proceedings makes a false statement otherwise than upon oath, whether the statement is written or oral, knowing that the statement is false or realising that there is a real risk or possibility that the statement may be false;  or
+
(b) by any act or omission intentionally hinders or obstructs another person whom he or she knows to be an officer of court in the performance of his or her duties as such;  or
(e) knowing that a police officer is investigating the commission of a crime, or realising that there is a real risk or possibility that a police officer may be investigating the commission or suspected commission of a crime, and who, by any act or omission, causes such investigation to be defeated or obstructed, intending to defeat or obstruct the investigation or realising that there is a real risk or possibility that the investigation may be defeated or obstructed;  or
+
 
(f) makes a statement to a police officer falsely alleging that a crime has been committed or may have been committed, knowing that the allegation is false or realising that there is a real risk or possibility that it may be false;  or
+
(c) makes any statement, whether written or oral, in connection with any case which is pending before a court, intending the statement to prejudice the trial of the case, or realising that there is a real risk or possibility that the trial of the case may be prejudiced by the statement;  or
(g) resists, hinders or disturbs a police officer in the execution of his or her duty, knowing that the police officer is a police officer executing his or her duty or realising that there is a real risk or possibility that the police officer may be a police officer executing his or her duty;  or
+
 
(h) intentionally agrees with another person that, in return for a reward, he or she will not report to a police officer the commission of a crime;
+
(d) in the course of or for the purposes of judicial proceedings makes a false statement otherwise than upon oath, whether the statement is written or oral, knowing that the statement is false or realising that there is a real risk or possibility that the statement may be false;  or
shall be guilty of defeating or obstructing the course of justice and liable in a case referred to in?
+
 
(i) paragraph (a), (d) or (e) to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both;
+
(e) knowing that a police officer is investigating the commission of a crime, or realising that there is a real risk or possibility that a police officer may be investigating the commission or suspected commission of a crime, and who, by any act or omission, causes such investigation to be defeated or obstructed, intending to defeat or obstruct the investigation or realising that there is a real risk or possibility that the investigation may be defeated or obstructed;  or
(ii) paragraph (f) or (g) to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both;
+
 
(iii) paragraph (b), (c) or (h) to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
+
(f) makes a statement to a police officer falsely alleging that a crime has been committed or may have been committed, knowing that the allegation is false or realising that there is a real risk or possibility that it may be false;  or
 +
 
 +
(g) resists, hinders or disturbs a police officer in the execution of his or her duty, knowing that the police officer is a police officer executing his or her duty or realising that there is a real risk or possibility that the police officer may be a police officer executing his or her duty;  or
 +
 
 +
(h) intentionally agrees with another person that, in return for a reward, he or she will not report to a police officer the commission of a crime;
 +
 
 +
shall be guilty of defeating or obstructing the course of justice and liable in a case referred to in?
 +
 
 +
(i) paragraph (a), (d) or (e) to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both;
 +
 
 +
(ii) paragraph (f) or (g) to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both;
 +
 
 +
(iii) paragraph (b), (c) or (h) to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
 +
 
 
(2)  For the purposes of subsection (1), and without limiting that provision in any way?
 
(2)  For the purposes of subsection (1), and without limiting that provision in any way?
(a) judicial proceedings are defeated when an innocent person is convicted or a guilty person escapes conviction or a plaintiff or applicant unjustly succeeds or a defendant or respondent unjustly fails to succeed;
+
 
(b) judicial proceedings or the investigation of any crime are obstructed when the judicial proceedings or investigations are impeded or interfered with in any way.
+
(a) judicial proceedings are defeated when an innocent person is convicted or a guilty person escapes conviction or a plaintiff or applicant unjustly succeeds or a defendant or respondent unjustly fails to succeed;
 +
 
 +
(b) judicial proceedings or the investigation of any crime are obstructed when the judicial proceedings or investigations are impeded or interfered with in any way.
 +
 
 
(3)  Subsections (2) and (3) of section one hundred and eighty-three shall apply in relation to a false statement referred to in paragraph (d) of subsection (1) as they apply to a person who makes a statement upon oath.
 
(3)  Subsections (2) and (3) of section one hundred and eighty-three shall apply in relation to a false statement referred to in paragraph (d) of subsection (1) as they apply to a person who makes a statement upon oath.
 +
 
(4)  If a person who has committed or is suspected of having committed a crime refuses to make a statement or point out anything to a police officer, that refusal shall not constitute the crime of defeating or obstructing the course of justice.
 
(4)  If a person who has committed or is suspected of having committed a crime refuses to make a statement or point out anything to a police officer, that refusal shall not constitute the crime of defeating or obstructing the course of justice.
185 Escaping from lawful custody
+
 
 +
'''185 Escaping from lawful custody'''
 +
 
 
(1)  Any person who, having been lawfully arrested and held in lawful custody and?
 
(1)  Any person who, having been lawfully arrested and held in lawful custody and?
(a) not having yet been lodged in any prison;  or
+
 
(b) lodged in any prison;
+
(a) not having yet been lodged in any prison;  or
 +
 
 +
(b) lodged in any prison;
 +
 
 
escapes or attempts to escape from such custody, shall be guilty of escaping from lawful custody and liable?
 
escapes or attempts to escape from such custody, shall be guilty of escaping from lawful custody and liable?
(i) if the crime was committed in any of the aggravating circumstances described in subsection (4)?
+
 
A. to a fine not exceeding level eleven or imprisonment for a period not exceeding seven years or both, where the person had not yet been lodged in any prison;  or
+
(i) if the crime was committed in any of the aggravating circumstances described in subsection (4)?
B. to imprisonment for a period not exceeding ten years where the person had been lodged in any prison;
+
 
or
+
A. to a fine not exceeding level eleven or imprisonment for a period not exceeding seven years or both, where the person had not yet been lodged in any prison;  or
(ii) in any other case?
+
 
A. to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both, where the person had not yet been lodged in any prison;  or
+
B. to imprisonment for a period not exceeding ten years where the person had been lodged in any prison;
B. to imprisonment for a period not exceeding seven years, where the person had been lodged in any prison.
+
 
 +
or
 +
 
 +
(ii) in any other case?
 +
 
 +
A. to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both, where the person had not yet been lodged in any prison;  or
 +
 
 +
B. to imprisonment for a period not exceeding seven years, where the person had been lodged in any prison.
 +
 
 
(2)  Any person charged as an accomplice to the crime of escaping from lawful custody, in that he or she secured the escape from lawful custody of a person referred to in paragraph (a) or (b) of subsection (1), or otherwise aided such person in escaping or attempting to escape from lawful custody, shall be liable?
 
(2)  Any person charged as an accomplice to the crime of escaping from lawful custody, in that he or she secured the escape from lawful custody of a person referred to in paragraph (a) or (b) of subsection (1), or otherwise aided such person in escaping or attempting to escape from lawful custody, shall be liable?
(a) if he or she secured or otherwise assisted in the escape from lawful custody of a person referred to in paragraph (a) of subsection (1)?
+
 
(i) to a fine not exceeding level eleven or imprisonment for a period not exceeding seven years or both, if the crime was committed in any of the aggravating circumstances described in subsection (4);  or
+
(a) if he or she secured or otherwise assisted in the escape from lawful custody of a person referred to in paragraph (a) of subsection (1)?
(ii) to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both, in any other case;
+
 
(b) if he or she secured or otherwise assisted in the escape from lawful custody of a person referred to in paragraph (b) of subsection (1)?
+
(i) to a fine not exceeding level eleven or imprisonment for a period not exceeding seven years or both, if the crime was committed in any of the aggravating circumstances described in subsection (4);  or
(i) to imprisonment for a period not exceeding ten years, if the crime was committed in any of the aggravating circumstances described in subsection (4);  or
+
 
(ii) to imprisonment for a period not exceeding seven years, in any other case.
+
(ii) to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both, in any other case;
 +
 
 +
(b) if he or she secured or otherwise assisted in the escape from lawful custody of a person referred to in paragraph (b) of subsection (1)?
 +
 
 +
(i) to imprisonment for a period not exceeding ten years, if the crime was committed in any of the aggravating circumstances described in subsection (4);  or
 +
 
 +
(ii) to imprisonment for a period not exceeding seven years, in any other case.
 +
 
 
(3)  Any person charged as an accessory to the crime of escaping from lawful custody, in that he or she employed, or harboured or concealed or assisted in harbouring or concealing an escaped person knowing him or her to have escaped, shall be liable if convicted to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
 
(3)  Any person charged as an accessory to the crime of escaping from lawful custody, in that he or she employed, or harboured or concealed or assisted in harbouring or concealing an escaped person knowing him or her to have escaped, shall be liable if convicted to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.
 +
 
(4)  It shall be an aggravating circumstance if any weapon or violence was used by a person charged with escaping from lawful custody.
 
(4)  It shall be an aggravating circumstance if any weapon or violence was used by a person charged with escaping from lawful custody.
 +
 
(5)  If, in any prosecution in terms of subsection (2), the accused conveyed any thing which may facilitate the escape of a person from lawful custody?
 
(5)  If, in any prosecution in terms of subsection (2), the accused conveyed any thing which may facilitate the escape of a person from lawful custody?
(a) to the person held in lawful custody;  or
+
 
(b) into a conveyance, prison, hospital or other place whatsoever where or in which the person held in lawful custody may be, or outside such conveyance, prison, hospital or other place whatsoever in which such person may be so that it may come into his or her possession or use;
+
(a) to the person held in lawful custody;  or
 +
 
 +
(b) into a conveyance, prison, hospital or other place whatsoever where or in which the person held in lawful custody may be, or outside such conveyance, prison, hospital or other place whatsoever in which such person may be so that it may come into his or her possession or use;
 +
 
 
it shall be presumed unless the contrary is proved that he or she did so in the course of securing the escape from lawful custody of the person so held.
 
it shall be presumed unless the contrary is proved that he or she did so in the course of securing the escape from lawful custody of the person so held.
 +
 
(6)  A person referred to in paragraph (b) of subsection (1) who escapes or attempts to escape from lawful custody may be charged alternatively or concurrently in terms of section 90 of the Prisons Act [Chapter 7:11].
 
(6)  A person referred to in paragraph (b) of subsection (1) who escapes or attempts to escape from lawful custody may be charged alternatively or concurrently in terms of section 90 of the Prisons Act [Chapter 7:11].
CHAPTER XII
+
 
UNFINALISED CRIMES : THREATS, INCITEMENT, CONSPIRACY AND ATTEMPT
+
== CHAPTER XII ==
186 Threats
+
 
 +
===UNFINALISED CRIMES : THREATS, INCITEMENT, CONSPIRACY AND ATTEMPT===
 +
 
 +
'''186 Threats'''
 +
 
 
(1)  Any person who by words, writing or conduct threatens to commit a crime referred to in subsection (3) against another person, thereby inspiring in the person to whom he or she communicates the threat a reasonable fear or belief that he or she will commit the crime, shall be guilty of threatening to commit the crime concerned if?
 
(1)  Any person who by words, writing or conduct threatens to commit a crime referred to in subsection (3) against another person, thereby inspiring in the person to whom he or she communicates the threat a reasonable fear or belief that he or she will commit the crime, shall be guilty of threatening to commit the crime concerned if?
(a) he or she intended to commit the crime concerned or to inspire in the person to whom he or she communicated the threat a reasonable fear or belief that he or she would commit the crime concerned;  or
+
 
(b) he or she realised that there was a real risk or possibility of inspiring in the person to whom he or she communicated the threat a reasonable fear or belief that he or she would commit the crime concerned;
+
(a) he or she intended to commit the crime concerned or to inspire in the person to whom he or she communicated the threat a reasonable fear or belief that he or she would commit the crime concerned;  or
 +
 
 +
(b) he or she realised that there was a real risk or possibility of inspiring in the person to whom he or she communicated the threat a reasonable fear or belief that he or she would commit the crime concerned;
 +
 
 
and be liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
 
and be liable to a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
 +
 
(2)  Subsection (1) shall apply whether the person who is the subject of the threat is the person to whom the threat is communicated or is some other person.
 
(2)  Subsection (1) shall apply whether the person who is the subject of the threat is the person to whom the threat is communicated or is some other person.
 +
 
(3)  For the purposes of subsection (1), a charge of threatening to commit a crime shall only be competent where the crime concerned is murder, rape, aggravated indecent assault, indecent assault, kidnapping or unlawful detention, indicating witches and wizards, theft, robbery, unlawful entry into premises, malicious damage to property, or hijacking.
 
(3)  For the purposes of subsection (1), a charge of threatening to commit a crime shall only be competent where the crime concerned is murder, rape, aggravated indecent assault, indecent assault, kidnapping or unlawful detention, indicating witches and wizards, theft, robbery, unlawful entry into premises, malicious damage to property, or hijacking.
187 Incitement
+
 
 +
'''187 Incitement'''
 +
 
 
(1)  Any person who, in any manner, communicates with another person?
 
(1)  Any person who, in any manner, communicates with another person?
(a) intending by the communication to persuade or induce the other person to commit a crime, whether in terms of this Code or any other enactment;  or
+
 
(b) realising that there is a real risk or possibility that the other person may be persuaded or induced by the communication to commit a crime, whether in terms of this Code or any other enactment;
+
(a) intending by the communication to persuade or induce the other person to commit a crime, whether in terms of this Code or any other enactment;  or
 +
 
 +
(b) realising that there is a real risk or possibility that the other person may be persuaded or induced by the communication to commit a crime, whether in terms of this Code or any other enactment;
 +
 
 
shall be guilty of incitement to commit the crime concerned.
 
shall be guilty of incitement to commit the crime concerned.
 +
 
(2)  It shall be immaterial to a charge of incitement that?
 
(2)  It shall be immaterial to a charge of incitement that?
(a) the person who was incited was unresponsive to the incitement and had no intention of acting on the incitement;  or
+
 
(b) the person who was incited did not know that what he or she was being incited to do or omit to do constituted a crime.
+
(a) the person who was incited was unresponsive to the incitement and had no intention of acting on the incitement;  or
188 Conspiracy
+
 
(1)  Any person who enters into an agreement with one or more other persons for the commission of a crime, whether in terms of this Code or any other enactment?
+
(b) the person who was incited did not know that what he or she was being incited to do or omit to do constituted a crime.
(a) intending by the agreement to bring about the commission of the crime;  or
+
 
(b) realising that there is a real risk or possibility that the agreement may bring about the commission of the crime;
+
'''188 Conspiracy'''
 +
 
 +
(1)  Any person who enters into an agreement with one or more other persons for the commission of a crime, whether in terms of this Code or any other enactment?
 +
 
 +
(a) intending by the agreement to bring about the commission of the crime;  or
 +
 
 +
(b) realising that there is a real risk or possibility that the agreement may bring about the commission of the crime;
 +
 
 
shall be guilty of conspiracy to commit the crime concerned.
 
shall be guilty of conspiracy to commit the crime concerned.
 +
 
(2)  For an agreement to constitute a conspiracy?
 
(2)  For an agreement to constitute a conspiracy?
(a) it shall not be necessary for the parties?
+
 
(i) to agree upon the time, manner and circumstances in which the crime which is the subject of the conspiracy is to be committed;  or
+
(a) it shall not be necessary for the parties?
(ii) to know the identity of every other party to the conspiracy;
+
 
(b) it shall be immaterial that?
+
(i) to agree upon the time, manner and circumstances in which the crime which is the subject of the conspiracy is to be committed;  or
(i) the crime which is the subject of the conspiracy is to be committed by one, both or all of the parties to the agreement;  or
+
 
(ii) one or more of the parties to the conspiracy, other than the accused, did not know that the subject-matter of the agreement was the commission of a crime.
+
(ii) to know the identity of every other party to the conspiracy;
189 Attempt
+
 
 +
(b) it shall be immaterial that?
 +
 
 +
(i) the crime which is the subject of the conspiracy is to be committed by one, both or all of the parties to the agreement;  or
 +
 
 +
(ii) one or more of the parties to the conspiracy, other than the accused, did not know that the subject-matter of the agreement was the commission of a crime.
 +
 
 +
'''189 Attempt'''
 +
 
 
(1)  Subject to subsection (1), any person who?
 
(1)  Subject to subsection (1), any person who?
(a) intending to commit a crime, whether in terms of this Code or any other enactment;  or
+
 
(b) realising that there is a real risk or possibility that a crime, whether in terms of this Code or any other enactment, may be committed;
+
(a) intending to commit a crime, whether in terms of this Code or any other enactment;  or
 +
 
 +
(b) realising that there is a real risk or possibility that a crime, whether in terms of this Code or any other enactment, may be committed;
 +
 
 
does or omits to do anything that has reached at least the commencement of the execution of the intended crime, shall be guilty of attempting to commit the crime concerned:
 
does or omits to do anything that has reached at least the commencement of the execution of the intended crime, shall be guilty of attempting to commit the crime concerned:
 +
 
(2)  A person shall not be guilty of attempting to commit a crime if, before the commencement of the execution of the intended crime, he or she changes his or her mind and voluntarily desists from proceeding further with the crime.
 
(2)  A person shall not be guilty of attempting to commit a crime if, before the commencement of the execution of the intended crime, he or she changes his or her mind and voluntarily desists from proceeding further with the crime.
190 Mistake of fact in relation to unfinalised crimes
+
 
 +
'''190 Mistake of fact in relation to unfinalised crimes'''
 +
 
 
It shall not be a defence to a charge of threatening, incitement, conspiracy or attempting to commit a crime that the accused believed, due to a mistake of fact, that it was physically possible to commit the crime which was the subject of the threat, incitement, conspiracy or attempt, whereas in fact its commission was physically impossible.
 
It shall not be a defence to a charge of threatening, incitement, conspiracy or attempting to commit a crime that the accused believed, due to a mistake of fact, that it was physically possible to commit the crime which was the subject of the threat, incitement, conspiracy or attempt, whereas in fact its commission was physically impossible.
191 Extra- territorial incitement or conspiracy
+
 
 +
'''191 Extra- territorial incitement or conspiracy'''
 +
 
 
(1)  If a person who is?
 
(1)  If a person who is?
(a) in Zimbabwe incites or conspires with another person who is outside Zimbabwe to commit a crime in Zimbabwe;  or
+
 
(b) outside Zimbabwe incites or conspires with another person who is in Zimbabwe to commit a crime in Zimbabwe;
+
(a) in Zimbabwe incites or conspires with another person who is outside Zimbabwe to commit a crime in Zimbabwe;  or
 +
 
 +
(b) outside Zimbabwe incites or conspires with another person who is in Zimbabwe to commit a crime in Zimbabwe;
 +
 
 
the first-mentioned person or the other person mentioned in paragraph (a) or (b) or both may be charged in Zimbabwe with incitement or conspiracy to commit the crime concerned, as the case may be.
 
the first-mentioned person or the other person mentioned in paragraph (a) or (b) or both may be charged in Zimbabwe with incitement or conspiracy to commit the crime concerned, as the case may be.
 +
 
(2)  If a person who is outside Zimbabwe incites or conspires with another person outside Zimbabwe to commit a crime in Zimbabwe, the first-mentioned person or the other person or both may be charged with incitement or conspiracy to commit the crime concerned, as the case may be, if, as a result of the incitement or conspiracy, either or both persons enter Zimbabwe in order to commit the crime.
 
(2)  If a person who is outside Zimbabwe incites or conspires with another person outside Zimbabwe to commit a crime in Zimbabwe, the first-mentioned person or the other person or both may be charged with incitement or conspiracy to commit the crime concerned, as the case may be, if, as a result of the incitement or conspiracy, either or both persons enter Zimbabwe in order to commit the crime.
192 Punishment for incitement, conspiracy or attempt
+
 
 +
'''192 Punishment for incitement, conspiracy or attempt'''
 +
 
 
Subject to this Code and any other enactment, a person who is convicted of incitement, conspiracy or attempting to commit a crime shall be liable to the same punishment to which he or she would have been liable had he or she actually committed the crime concerned.
 
Subject to this Code and any other enactment, a person who is convicted of incitement, conspiracy or attempting to commit a crime shall be liable to the same punishment to which he or she would have been liable had he or she actually committed the crime concerned.
193 Presumptions, jurisdiction, powers and defences applicable to crimes applicable also to unfinalised crimes
+
 
 +
'''193 Presumptions, jurisdiction, powers and defences applicable to crimes applicable also to unfinalised crimes'''
 +
 
 
(1)  Subject to this Chapter any?
 
(1)  Subject to this Chapter any?
(a) presumption that applies;  or
+
 
(b) jurisdiction that may be exercised;  or
+
(a) presumption that applies;  or
(c) award or order that may be made;  or
+
 
(d) power to enter, inspect, arrest, search, detain, seize or eject that may be exercised;  or
+
(b) jurisdiction that may be exercised;  or
(e) power to take a deposit by way of a penalty that may be exercised;
+
 
 +
(c) award or order that may be made;  or
 +
 
 +
(d) power to enter, inspect, arrest, search, detain, seize or eject that may be exercised;  or
 +
 
 +
(e) power to take a deposit by way of a penalty that may be exercised;
 +
 
 
in relation to any crime or suspected crime in terms of this Code or any other enactment, shall be applicable or capable of being exercised or made, as the case may be, in relation to a threat, incitement, conspiracy or attempt to commit the crime or suspected crime concerned.
 
in relation to any crime or suspected crime in terms of this Code or any other enactment, shall be applicable or capable of being exercised or made, as the case may be, in relation to a threat, incitement, conspiracy or attempt to commit the crime or suspected crime concerned.
 +
 
(2)  A person charged with threatening, incitement, conspiracy or attempting to commit a crime may raise or rely on any defence which he or she could have raised and relied on if he or she had been charged with committing the crime itself, to the extent that the defence relates to or is based on any fact or circumstance which is an essential element of both the crime and, as the case may be, the threat, incitement, conspiracy or attempt:
 
(2)  A person charged with threatening, incitement, conspiracy or attempting to commit a crime may raise or rely on any defence which he or she could have raised and relied on if he or she had been charged with committing the crime itself, to the extent that the defence relates to or is based on any fact or circumstance which is an essential element of both the crime and, as the case may be, the threat, incitement, conspiracy or attempt:
 +
 
Provided that a person charged with incitement, conspiracy or attempting to commit a particular crime shall be guilty of incitement, conspiracy or attempting to commit a lesser crime where he or she is entitled to rely on a partial defence which would render a person charged with committing that particular crime guilty of the lesser crime.
 
Provided that a person charged with incitement, conspiracy or attempting to commit a particular crime shall be guilty of incitement, conspiracy or attempting to commit a lesser crime where he or she is entitled to rely on a partial defence which would render a person charged with committing that particular crime guilty of the lesser crime.
194 Treason and any other crimes constituted by incitement, conspiracy or attempt
+
 
 +
'''194 Treason and any other crimes constituted by incitement, conspiracy or attempt'''
 +
 
 
This Chapter shall not affect the liability of a person to be convicted of the crime of treason or any other crime which is committed through incitement, conspiracy, any unlawful agreement, or an attempt, or of which incitement, conspiracy, any unlawful agreement or an attempt is an element.
 
This Chapter shall not affect the liability of a person to be convicted of the crime of treason or any other crime which is committed through incitement, conspiracy, any unlawful agreement, or an attempt, or of which incitement, conspiracy, any unlawful agreement or an attempt is an element.
CHAPTER XIII
+
 
PARTICIPATION OR ASSISTANCE IN THE COMMISSION OF CRIMES
+
== CHAPTER XIII ==
PART I
+
 
PARTICIPATION OR ASSISTANCE BEFORE OR DURING COMMISSION OF CRIMES: CO-PERPETRATORS AND ACCOMPLICES
+
===PARTICIPATION OR ASSISTANCE IN THE COMMISSION OF CRIMES===
195 Interpretation in Part I of Chapter XIII
+
 
 +
'''PART I'''
 +
 
 +
'''PARTICIPATION OR ASSISTANCE BEFORE OR DURING COMMISSION OF CRIMES: CO-PERPETRATORS AND ACCOMPLICES'''
 +
 
 +
'''195 Interpretation in Part I of Chapter XIII'''
 +
 
 
In this Part?
 
In this Part?
 +
 
"accomplice" means a person, other than an actual perpetrator of a crime?
 
"accomplice" means a person, other than an actual perpetrator of a crime?
(a) who incites or conspires with an actual perpetrator to commit a crime, with the result that a crime is subsequently committed;  or
+
 
(b) who, having authority, whether lawful or otherwise, over an actual perpetrator and?
+
(a) who incites or conspires with an actual perpetrator to commit a crime, with the result that a crime is subsequently committed;  or
(i) knowing that an actual perpetrator intends to commit a crime;  or
+
 
(ii) realising that there is a real risk or possibility that an actual perpetrator intends to commit a crime;
+
(b) who, having authority, whether lawful or otherwise, over an actual perpetrator and?
authorises the actual perpetrator to commit the crime;  or
+
 
(c) who?
+
(i) knowing that an actual perpetrator intends to commit a crime;  or
(i) knowing that an actual perpetrator intends to commit a crime;  or
+
 
(ii) realising that there is a real risk or possibility that an actual perpetrator intends to commit a crime;
+
(ii) realising that there is a real risk or possibility that an actual perpetrator intends to commit a crime;
renders to the actual perpetrator any form of assistance which enables, assists or encourages the actual perpetrator to commit the crime;
+
 
 +
authorises the actual perpetrator to commit the crime;  or
 +
 
 +
(c) who?
 +
 
 +
(i) knowing that an actual perpetrator intends to commit a crime;  or
 +
 
 +
(ii) realising that there is a real risk or possibility that an actual perpetrator intends to commit a crime;
 +
 
 +
renders to the actual perpetrator any form of assistance which enables, assists or encourages the actual perpetrator to commit the crime;
 +
 
 
"actual perpetrator", in relation to a crime, means a person who, with the requisite state of mind actually does, completes or omits to do anything the doing, completion or omission of which constitutes that crime;
 
"actual perpetrator", in relation to a crime, means a person who, with the requisite state of mind actually does, completes or omits to do anything the doing, completion or omission of which constitutes that crime;
 +
 
"co-perpetrator" means a person referred to in subsection (1) of section one hundred and ninety-six.
 
"co-perpetrator" means a person referred to in subsection (1) of section one hundred and ninety-six.
196 Liability of co-perpetrators
+
 
 +
'''196 Liability of co-perpetrators'''
 +
 
 
(1)  Subject to this section, where?
 
(1)  Subject to this section, where?
(a) two or more persons knowingly associate with each other with the intention that each or any of them shall commit or be prepared to commit any crime;  and
+
 
(b) any one of the persons referred to in paragraph (a) ("the actual perpetrator") commits the crime;  and
+
(a) two or more persons knowingly associate with each other with the intention that each or any of them shall commit or be prepared to commit any crime;  and
(c) any one of the persons referred to in paragraph (a) other than the actual perpetrator ("the co-perpetrator") is present with the actual perpetrator during the commission of the crime;
+
 
 +
(b) any one of the persons referred to in paragraph (a) ("the actual perpetrator") commits the crime;  and
 +
 
 +
(c) any one of the persons referred to in paragraph (a) other than the actual perpetrator ("the co-perpetrator") is present with the actual perpetrator during the commission of the crime;
 
the conduct of the actual perpetrator shall be deemed also to be the conduct of every co-perpetrator, whether or not the conduct of the co-perpetrator contributed directly in any way to the commission of the crime by the actual perpetrator.
 
the conduct of the actual perpetrator shall be deemed also to be the conduct of every co-perpetrator, whether or not the conduct of the co-perpetrator contributed directly in any way to the commission of the crime by the actual perpetrator.
 +
  
(a) were associated together in any conduct that is preparatory to the conduct which resulted in the crime for which they are charged;  or
+
 
(b) engaged in any criminal behaviour as a team or group prior to the conduct which resulted in the crime for which they are charged;
+
(a) were associated together in any conduct that is preparatory to the conduct which resulted in the crime for which they are charged;  or
 +
 
 +
(b) engaged in any criminal behaviour as a team or group prior to the conduct which resulted in the crime for which they are charged;
 +
 
  
(c) they knowingly associated with each other for a criminal purpose;  and
+
 
+
(c) they knowingly associated with each other for a criminal purpose;  and
(i) was the crime for the commission of which they associated with each other;  or
+
 
(ii) was, if not the specific crime for the commission of which they associated with each other, a crime whose commission they realised was a real risk or possibility.
+
 
 +
 
 +
(i) was the crime for the commission of which they associated with each other;  or
 +
 
 +
(ii) was, if not the specific crime for the commission of which they associated with each other, a crime whose commission they realised was a real risk or possibility.
 +
 
  
(a) does not discharge the burden mentioned in subparagraph (i) or (ii) of paragraph (d) of subsection (2), his or her liability as the co-perpetrator of the crime shall not differ in any respect from the liability of the actual perpetrator, unless he or she satisfies the court that there are special circumstances peculiar to him or her or to the case (which circumstances shall be recorded by the court) why the same penalty as that imposed on the actual perpetrator should not be imposed on him or her;  or
+
 
(b) discharges the burden mentioned in subparagraphs (i) and (ii) of paragraph (b) of subsection (2), he or she shall be found guilty of assisting the actual perpetrator of the crime as an accomplice or accessory.
+
(a) does not discharge the burden mentioned in subparagraph (i) or (ii) of paragraph (d) of subsection (2), his or her liability as the co-perpetrator of the crime shall not differ in any respect from the liability of the actual perpetrator, unless he or she satisfies the court that there are special circumstances peculiar to him or her or to the case (which circumstances shall be recorded by the court) why the same penalty as that imposed on the actual perpetrator should not be imposed on him or her;  or
 +
 
 +
(b) discharges the burden mentioned in subparagraphs (i) and (ii) of paragraph (b) of subsection (2), he or she shall be found guilty of assisting the actual perpetrator of the crime as an accomplice or accessory.
 +
 
 
(4)  Where there is a dispute between or among two or more accused persons referred to in subsection (1) as to the identity of the actual perpetrator (which dispute cannot be resolved by reference to the evidence that is available to the State) the burden of proving that any particular accused person did not actually perpetrate the crime shall rest with that person.
 
(4)  Where there is a dispute between or among two or more accused persons referred to in subsection (1) as to the identity of the actual perpetrator (which dispute cannot be resolved by reference to the evidence that is available to the State) the burden of proving that any particular accused person did not actually perpetrate the crime shall rest with that person.
 +
 
(5)  If any of the accused persons referred to in subsection (4) fails to discharge the burden there referred to and the actual perpetrator is not identified, the accused person or persons concerned shall be liable for punishment as if he or she or each of them was the actual perpetrator.
 
(5)  If any of the accused persons referred to in subsection (4) fails to discharge the burden there referred to and the actual perpetrator is not identified, the accused person or persons concerned shall be liable for punishment as if he or she or each of them was the actual perpetrator.
 +
 
(6)  It shall not be necessary to prove that there was a prior conspiracy to commit the crime for the commission of which a person is associated with another person or other persons in order for a court to find that any person is liable as a co-perpetrator of any crime.
 
(6)  It shall not be necessary to prove that there was a prior conspiracy to commit the crime for the commission of which a person is associated with another person or other persons in order for a court to find that any person is liable as a co-perpetrator of any crime.
 +
 
(7)  A person charged with being a co-perpetrator of crime may be found guilty of assisting the actual perpetrator of the crime as an accomplice or accessory if such are the facts proved.
 
(7)  A person charged with being a co-perpetrator of crime may be found guilty of assisting the actual perpetrator of the crime as an accomplice or accessory if such are the facts proved.
 
(8)  For the avoidance of doubt it is declared that this section may not be used to convict a co-perpetrator of murder unless he or she was present with the actual perpetrator while the victim was still alive and before a mortal wound or mortal wounds had been inflicted.
 
(8)  For the avoidance of doubt it is declared that this section may not be used to convict a co-perpetrator of murder unless he or she was present with the actual perpetrator while the victim was still alive and before a mortal wound or mortal wounds had been inflicted.
197 Liability of accomplices
+
 
 +
'''197 Liability of accomplices'''
 +
 
 
(1)  Subject to this Part, an accomplice shall be guilty of the same crime as that committed by the actual perpetrator whom the accomplice incited, conspired with or authorised or to whom the accomplice rendered assistance.
 
(1)  Subject to this Part, an accomplice shall be guilty of the same crime as that committed by the actual perpetrator whom the accomplice incited, conspired with or authorised or to whom the accomplice rendered assistance.
 +
 
(2)  An accomplice may be found guilty of the crime committed by the actual perpetrator whom the accomplice incited, conspired with or authorised or to whom the accomplice rendered assistance, even if?
 
(2)  An accomplice may be found guilty of the crime committed by the actual perpetrator whom the accomplice incited, conspired with or authorised or to whom the accomplice rendered assistance, even if?
(a) the accomplice lacks the ability or capacity to commit the crime himself or herself;  or
+
 
(b) the accomplice is only aware of the fact that the conduct of the actual perpetrator is unlawful but unaware of the nature of the crime being committed or to be committed by the perpetrator or the manner in which it is committed;  or
+
(a) the accomplice lacks the ability or capacity to commit the crime himself or herself;  or
(c) the actual perpetrator is unaware of any assistance rendered by the accomplice.
+
 
 +
(b) the accomplice is only aware of the fact that the conduct of the actual perpetrator is unlawful but unaware of the nature of the crime being committed or to be committed by the perpetrator or the manner in which it is committed;  or
 +
 
 +
(c) the actual perpetrator is unaware of any assistance rendered by the accomplice.
 +
 
 
(3)  Where a person does or omits to do anything which would make him or her an accomplice to the commission of a crime by another person, but for the fact that the other person is entitled to rely upon a defence which excuses that other person from liability or reduces that other person's liability for the crime concerned?
 
(3)  Where a person does or omits to do anything which would make him or her an accomplice to the commission of a crime by another person, but for the fact that the other person is entitled to rely upon a defence which excuses that other person from liability or reduces that other person's liability for the crime concerned?
(a) the first-mentioned person shall be liable as an accomplice in terms of subsection (1) as if the other person were an actual perpetrator;  and
+
 
(b) the first-mentioned person shall not be entitled to rely upon that defence unless he or she would be entitled to rely upon it if he or she were charged as an actual perpetrator of the crime concerned.
+
(a) the first-mentioned person shall be liable as an accomplice in terms of subsection (1) as if the other person were an actual perpetrator;  and
198 Types of assistance to which accomplice liability applies
+
 
 +
(b) the first-mentioned person shall not be entitled to rely upon that defence unless he or she would be entitled to rely upon it if he or she were charged as an actual perpetrator of the crime concerned.
 +
 
 +
'''198 Types of assistance to which accomplice liability applies'''
 +
 
 
Without limiting the expression, any of the following forms of assistance, when given to an actual perpetrator of a crime, shall render the assister an accomplice?
 
Without limiting the expression, any of the following forms of assistance, when given to an actual perpetrator of a crime, shall render the assister an accomplice?
(a) supplying the means to commit the crime;  or
+
 
(b) supplying transport to enable the actual perpetrator to reach the scene of the crime;  or
+
(a) supplying the means to commit the crime;  or
(c) supplying information to enable the actual perpetrator to locate or identify his or her victim or to acquire knowledge of the place where the crime is to be committed;  or
+
 
(d) making premises of which the assister is the owner or occupier available for the commission of the crime;  or
+
(b) supplying transport to enable the actual perpetrator to reach the scene of the crime;  or
(e) holding oneself available to give assistance in the commission of the crime, in the event of such assistance being required;  or
+
 
(f) immobilising or incapacitating the victim of the crime to enable the crime to be committed;  or
+
(c) supplying information to enable the actual perpetrator to locate or identify his or her victim or to acquire knowledge of the place where the crime is to be committed;  or
(g) carrying implements or other things by which or with the aid of which the crime is committed;  or
+
 
(h) keeping watch for or guarding against intervention or discovery while the crime is being committed.
+
(d) making premises of which the assister is the owner or occupier available for the commission of the crime;  or
199 Liability of accomplice for further crimes committed by actual perpetrator
+
 
 +
(e) holding oneself available to give assistance in the commission of the crime, in the event of such assistance being required;  or
 +
 
 +
(f) immobilising or incapacitating the victim of the crime to enable the crime to be committed;  or
 +
 
 +
(g) carrying implements or other things by which or with the aid of which the crime is committed;  or
 +
 
 +
(h) keeping watch for or guarding against intervention or discovery while the crime is being committed.
 +
 
 +
199 Liability of accomplice for further crimes committed by actual perpetrator
 +
 
 
Where an actual perpetrator commits a crime that is different from or additional to the crime intended by the accomplice when the accomplice incited, conspired with, authorised or assisted the actual perpetrator, the accomplice shall be guilty of that different or additional crime if, when the accomplice incited, conspired with, authorised or assisted the actual perpetrator, the accomplice realised that there was a real risk or possibility that the actual perpetrator might commit the different or additional crime.
 
Where an actual perpetrator commits a crime that is different from or additional to the crime intended by the accomplice when the accomplice incited, conspired with, authorised or assisted the actual perpetrator, the accomplice shall be guilty of that different or additional crime if, when the accomplice incited, conspired with, authorised or assisted the actual perpetrator, the accomplice realised that there was a real risk or possibility that the actual perpetrator might commit the different or additional crime.
200 Withdrawal from crime by accomplice
+
 
 +
'''200 Withdrawal from crime by accomplice'''
 +
 
 
An accomplice shall not be guilty of a crime committed by an actual perpetrator if, before the crime has been committed, the accomplice voluntarily desists from further incitement of, conspiracy with, or authorisation or assistance to the actual perpetrator and either?
 
An accomplice shall not be guilty of a crime committed by an actual perpetrator if, before the crime has been committed, the accomplice voluntarily desists from further incitement of, conspiracy with, or authorisation or assistance to the actual perpetrator and either?
(a) renders wholly ineffective his or her previous incitement, conspiracy, authorisation or assistance;  or
+
 
(b) gives warning of the crime to a police officer or other person with authority to prevent the commission of the crime, in sufficient time to enable the police officer or other person to prevent its commission.
+
(a) renders wholly ineffective his or her previous incitement, conspiracy, authorisation or assistance;  or
201 Accomplice liability for extra- territorial acts and crimes
+
 
 +
(b) gives warning of the crime to a police officer or other person with authority to prevent the commission of the crime, in sufficient time to enable the police officer or other person to prevent its commission.
 +
 
 +
'''201 Accomplice liability for extra- territorial acts and crimes'''
 +
 
 
Where a crime is committed?
 
Where a crime is committed?
(a) inside Zimbabwe;  or
+
 
(b) outside Zimbabwe in the case of a crime constituted by extra-territorial acts or omissions;
+
(a) inside Zimbabwe;  or
 +
 
 +
(b) outside Zimbabwe in the case of a crime constituted by extra-territorial acts or omissions;
 +
 
 
and any person does or omits to do anything outside Zimbabwe which, if done or omitted in Zimbabwe would render the person an accomplice to that crime, such person may be charged in Zimbabwe as an accomplice to that crime.
 
and any person does or omits to do anything outside Zimbabwe which, if done or omitted in Zimbabwe would render the person an accomplice to that crime, such person may be charged in Zimbabwe as an accomplice to that crime.
202 Punishment of accomplices
+
 
 +
'''202 Punishment of accomplices'''
 +
 
 
Subject to this Code and any other enactment, a person who is convicted of a crime as an accomplice shall be liable to the same punishment to which he or she would be liable had he or she been an actual perpetrator of the crime concerned.
 
Subject to this Code and any other enactment, a person who is convicted of a crime as an accomplice shall be liable to the same punishment to which he or she would be liable had he or she been an actual perpetrator of the crime concerned.
203 Presumptions, jurisdiction, powers and defences applicable to actual perpetrators applicable also to accomplices
+
 
 +
'''203 Presumptions, jurisdiction, powers and defences applicable to actual perpetrators applicable also to accomplices'''
 +
 
 
(1)  Subject to this Part, any?
 
(1)  Subject to this Part, any?
(a) presumption that applies;  or
+
 
(b) jurisdiction that may be exercised;  or
+
(a) presumption that applies;  or
(c) award or order that may be made;  or
+
 
(d) power to enter, inspect, arrest, search, detain, seize or eject that may be exercised;  or
+
(b) jurisdiction that may be exercised;  or
(e) power to take a deposit by way of a penalty that may be exercised;
+
 
 +
(c) award or order that may be made;  or
 +
 
 +
(d) power to enter, inspect, arrest, search, detain, seize or eject that may be exercised;  or
 +
 
 +
(e) power to take a deposit by way of a penalty that may be exercised;
 +
 
 
in relation to the actual perpetrator of any crime or suspected crime in terms of this Code or any other enactment, shall be equally applicable or capable of being exercised or made, as the case may be, in relation to an accomplice to the commission of the crime or suspected crime concerned.
 
in relation to the actual perpetrator of any crime or suspected crime in terms of this Code or any other enactment, shall be equally applicable or capable of being exercised or made, as the case may be, in relation to an accomplice to the commission of the crime or suspected crime concerned.
 +
 
(2)  Subject to this Code and any other enactment, a person charged as an accomplice may raise and rely on any defence which he or she could have raised and relied on if he or she had been charged as an actual perpetrator of the crime concerned, to the extent that the defence relates to or is based on any fact or circumstance which is an essential element of the crime as committed by both the actual perpetrator and an accomplice:
 
(2)  Subject to this Code and any other enactment, a person charged as an accomplice may raise and rely on any defence which he or she could have raised and relied on if he or she had been charged as an actual perpetrator of the crime concerned, to the extent that the defence relates to or is based on any fact or circumstance which is an essential element of the crime as committed by both the actual perpetrator and an accomplice:
 +
 
Provided that a person charged as an accomplice shall be guilty of being an accomplice to a lesser crime where he or she is entitled to rely on a partial defence which would render a person charged with committing that particular crime guilty of the lesser crime.
 
Provided that a person charged as an accomplice shall be guilty of being an accomplice to a lesser crime where he or she is entitled to rely on a partial defence which would render a person charged with committing that particular crime guilty of the lesser crime.
204 Where accomplice liability is concurrent or does not apply
+
 
 +
'''204 Where accomplice liability is concurrent or does not apply'''
 +
 
 
This Part shall not affect the liability of any person?
 
This Part shall not affect the liability of any person?
(a) in terms of section fifty-eight or any other provision of this Code or in terms of any other enactment relating to participation in crimes;  or
+
 
(b) to be convicted of the crime of treason or any other crime which is committed through incitement, conspiracy, authorisation or assistance, or of which incitement, conspiracy, authorisation or assistance is an element;
+
(a) in terms of section fifty-eight or any other provision of this Code or in terms of any other enactment relating to participation in crimes;  or
(c) to be convicted as an actual perpetrator of the crime of theft or any other continuing crime.
+
 
PART II
+
(b) to be convicted of the crime of treason or any other crime which is committed through incitement, conspiracy, authorisation or assistance, or of which incitement, conspiracy, authorisation or assistance is an element;
ASSISTANCE AFTER COMMISSION OF CRIMES
+
 
205 Interpretation in Part II of Chapter XIII
+
(c) to be convicted as an actual perpetrator of the crime of theft or any other continuing crime.
 +
 
 +
'''PART II'''
 +
 
 +
'''ASSISTANCE AFTER COMMISSION OF CRIMES'''
 +
 
 +
'''205 Interpretation in Part II of Chapter XIII'''
 +
 
 
In this Part?
 
In this Part?
 +
 
"accessory", in relation to a crime, means a person who renders assistance to the actual perpetrator of the crime after it has been committed.
 
"accessory", in relation to a crime, means a person who renders assistance to the actual perpetrator of the crime after it has been committed.
206 Assistance after commission of crime
+
 
 +
'''206 Assistance after commission of crime'''
 +
 
 
Any person, other than an actual perpetrator of a crime, who?
 
Any person, other than an actual perpetrator of a crime, who?
(a) knowing that an actual perpetrator has committed a crime;  or
+
 
(b) realising that there is a real risk or possibility that an actual perpetrator has committed a crime;
+
(a) knowing that an actual perpetrator has committed a crime;  or
 +
 
 +
(b) realising that there is a real risk or possibility that an actual perpetrator has committed a crime;
 +
 
 
renders to the actual perpetrator any assistance which enables the actual perpetrator to conceal the crime or to evade justice or which in any other way associates the person rendering the assistance with the crime after it has been committed, shall be guilty of being an accessory to the crime concerned.
 
renders to the actual perpetrator any assistance which enables the actual perpetrator to conceal the crime or to evade justice or which in any other way associates the person rendering the assistance with the crime after it has been committed, shall be guilty of being an accessory to the crime concerned.
207 Unavailable defences for accessories
+
 
 +
'''207 Unavailable defences for accessories'''
 +
 
 
(1)  A person may be found guilty as an accessory to a crime even if?
 
(1)  A person may be found guilty as an accessory to a crime even if?
(a) the person lacks capacity to commit the crime committed by the actual perpetrator;  or
+
 
(b) the person is only aware of the fact that the conduct of the actual perpetrator is unlawful but unaware of the nature of the crime committed by the actual perpetrator or the manner in which it was committed;  or
+
(a) the person lacks capacity to commit the crime committed by the actual perpetrator;  or
(c) the actual perpetrator is unaware of any assistance rendered by the person;  or
+
 
(d) the assistance the person renders does not in fact enable the actual perpetrator to conceal the crime or to evade justice.
+
(b) the person is only aware of the fact that the conduct of the actual perpetrator is unlawful but unaware of the nature of the crime committed by the actual perpetrator or the manner in which it was committed;  or
 +
 
 +
(c) the actual perpetrator is unaware of any assistance rendered by the person;  or
 +
 
 +
(d) the assistance the person renders does not in fact enable the actual perpetrator to conceal the crime or to evade justice.
 +
 
 
(2)  Where a person renders assistance to another person in circumstances which would make him or her guilty as an accessory to a crime, but for the fact that the person to whom he or she renders assistance is entitled to rely upon a defence which excuses that other person from liability or reduces that other person's liability for the crime concerned?
 
(2)  Where a person renders assistance to another person in circumstances which would make him or her guilty as an accessory to a crime, but for the fact that the person to whom he or she renders assistance is entitled to rely upon a defence which excuses that other person from liability or reduces that other person's liability for the crime concerned?
(a) the first-mentioned person shall be guilty as an accessory to a crime as if the person to whom he or she renders assistance were an actual perpetrator;  and
+
 
(b) the first-mentioned person shall not be entitled to rely upon that defence unless he or she would be entitled to rely upon it if he himself or she herself were charged as an actual perpetrator of the crime concerned.
+
(a) the first-mentioned person shall be guilty as an accessory to a crime as if the person to whom he or she renders assistance were an actual perpetrator;  and
208 Types of assistance to which accessory liability applies
+
 
 +
(b) the first-mentioned person shall not be entitled to rely upon that defence unless he or she would be entitled to rely upon it if he himself or she herself were charged as an actual perpetrator of the crime concerned.
 +
 
 +
'''208 Types of assistance to which accessory liability applies'''
 +
 
 
Without limiting the expression, any of the following forms of assistance, when given to an actual perpetrator of a crime, shall render a person liable as an accessory to the crime in terms of this Part?
 
Without limiting the expression, any of the following forms of assistance, when given to an actual perpetrator of a crime, shall render a person liable as an accessory to the crime in terms of this Part?
(a) concealing, sheltering or feeding the actual perpetrator to enable the actual perpetrator to escape apprehension;
+
 
(b) driving or providing transport to enable the actual perpetrator to escape apprehension;
+
(a) concealing, sheltering or feeding the actual perpetrator to enable the actual perpetrator to escape apprehension;
(c) destroying or concealing evidence of the commission of the crime;
+
 
(d) giving false information to a police officer or other person in authority concerning the circumstances of the crime or the whereabouts of the actual perpetrator.
+
(b) driving or providing transport to enable the actual perpetrator to escape apprehension;
209 Accessory liability for extra-territorial acts and crimes
+
 
 +
(c) destroying or concealing evidence of the commission of the crime;
 +
 
 +
(d) giving false information to a police officer or other person in authority concerning the circumstances of the crime or the whereabouts of the actual perpetrator.
 +
 
 +
'''209 Accessory liability for extra-territorial acts and crimes'''
 +
 
 
Where a crime is committed?
 
Where a crime is committed?
(a) inside Zimbabwe;  or
+
 
(b) outside Zimbabwe in the case of a crime constituted by extra-territorial acts or omissions;
+
(a) inside Zimbabwe;  or
 +
 
 +
(b) outside Zimbabwe in the case of a crime constituted by extra-territorial acts or omissions;
 +
 
 
and any person renders any assistance outside Zimbabwe to the actual perpetrator of the crime which, if rendered in Zimbabwe, would make the person liable as an accessory to that crime, such person may be charged in Zimbabwe as an accessory to that crime.
 
and any person renders any assistance outside Zimbabwe to the actual perpetrator of the crime which, if rendered in Zimbabwe, would make the person liable as an accessory to that crime, such person may be charged in Zimbabwe as an accessory to that crime.
210 Punishment of accessories
+
 
 +
'''210 Punishment of accessories'''
 +
 
 
A person who is convicted as an accessory to a crime shall be liable to the same punishment to which he or she would have been liable had he or she been convicted of the crime committed by the actual perpetrator to whom he or she rendered assistance.
 
A person who is convicted as an accessory to a crime shall be liable to the same punishment to which he or she would have been liable had he or she been convicted of the crime committed by the actual perpetrator to whom he or she rendered assistance.
211 Presumptions, jurisdiction, powers and defences applicable to actual perpetrators applicable also to accessories
+
 
 +
'''211 Presumptions, jurisdiction, powers and defences applicable to actual perpetrators applicable also to accessories'''
 +
 
 
(1)  Subject to this Part, any?
 
(1)  Subject to this Part, any?
(a) presumption that applies;  or
+
 
(b) jurisdiction that may that may be exercised;  or
+
(a) presumption that applies;  or
(c) award or order that may be made;  or
+
 
(d) power to enter, inspect, arrest, search, detain, seize or eject that may be exercised;  or
+
(b) jurisdiction that may that may be exercised;  or
(e) power to take a deposit by way of a penalty that may be exercised;
+
 
 +
(c) award or order that may be made;  or
 +
 
 +
(d) power to enter, inspect, arrest, search, detain, seize or eject that may be exercised;  or
 +
 
 +
(e) power to take a deposit by way of a penalty that may be exercised;
 +
 
 
in relation to the actual perpetrator of any crime or suspected crime in terms of this Code or any other enactment, shall be equally applicable or capable of being exercised or made, as the case may be, in relation to an accessory.
 
in relation to the actual perpetrator of any crime or suspected crime in terms of this Code or any other enactment, shall be equally applicable or capable of being exercised or made, as the case may be, in relation to an accessory.
 +
 
(2)  Subject to this Code and any other enactment, a person charged as an accessory may raise and rely on any defence which he or she could have raised and relied on if he or she had been charged as an actual perpetrator of the crime concerned, to the extent that the defence relates to or is based on any fact or circumstance which is an essential element of the crime as committed by both the actual perpetrator and an accessory:
 
(2)  Subject to this Code and any other enactment, a person charged as an accessory may raise and rely on any defence which he or she could have raised and relied on if he or she had been charged as an actual perpetrator of the crime concerned, to the extent that the defence relates to or is based on any fact or circumstance which is an essential element of the crime as committed by both the actual perpetrator and an accessory:
 +
 
Provided that a person charged as an accessory shall be guilty of being an accessory to a lesser crime where he or she is entitled to rely on a partial defence which would render a person charged with committing that particular crime guilty of the lesser crime.
 
Provided that a person charged as an accessory shall be guilty of being an accessory to a lesser crime where he or she is entitled to rely on a partial defence which would render a person charged with committing that particular crime guilty of the lesser crime.
212 Where accessory liability is concurrent or does not apply
+
 
 +
'''212 Where accessory liability is concurrent or does not apply'''
 +
 
 
This Part shall not affect the liability of any person?
 
This Part shall not affect the liability of any person?
(a) in terms of section fifty-eight or any other provision of this Code or in terms of any other enactment relating to the rendering of assistance to offenders;
+
 
(b) to be convicted of the crime of treason or any other crime which is committed through the rendering of assistance or failure to report the crime, or of which the rendering of assistance or a failure to report is an element;
+
(a) in terms of section fifty-eight or any other provision of this Code or in terms of any other enactment relating to the rendering of assistance to offenders;
(c) to be convicted as an actual perpetrator of the crime of theft or any other continuing crime.
+
 
CHAPTER XIV
+
(b) to be convicted of the crime of treason or any other crime which is committed through the rendering of assistance or failure to report the crime, or of which the rendering of assistance or a failure to report is an element;
GENERAL DEFENCES AND MITIGATING FACTORS
+
 
PART I
+
(c) to be convicted as an actual perpetrator of the crime of theft or any other continuing crime.
PRELIMINARY
+
 
213 Interpretation in Chapter XIV
+
== CHAPTER XIV ==
 +
 
 +
===GENERAL DEFENCES AND MITIGATING FACTORS===
 +
 
 +
'''PART I'''
 +
 
 +
'''PRELIMINARY'''
 +
 
 +
'''213 Interpretation in Chapter XIV'''
 +
 
 
In this Chapter?
 
In this Chapter?
 +
 
"complete defence" means a defence to a criminal charge which completely absolves the accused from criminal liability;
 
"complete defence" means a defence to a criminal charge which completely absolves the accused from criminal liability;
 +
 
"partial defence" means a defence to a criminal charge which does not completely absolve the accused from criminal liability but instead renders the accused liable to conviction for a lesser crime.
 
"partial defence" means a defence to a criminal charge which does not completely absolve the accused from criminal liability but instead renders the accused liable to conviction for a lesser crime.
214 Defences and mitigating factors not limited to those mentioned in Chapter XIV
+
 
 +
'''214 Defences and mitigating factors not limited to those mentioned in Chapter XIV'''
 +
 
 
The defences and mitigating factors which an accused may successfully raise are not limited to those set out in this Chapter.
 
The defences and mitigating factors which an accused may successfully raise are not limited to those set out in this Chapter.
215 Defence to one crime not necessarily defence to other crimes
 
The fact that a person has a complete or partial defence in relation to conduct which is an essential element of a particular crime shall not prevent that person from being charged with and convicted of any other crime of which that conduct is not an essential element.
 
  
Division A: Defence Relating to Voluntary Conduct
+
'''215 Defence to one crime not necessarily defence to other crimes'''
PART II
+
 
AUTOMATISM
+
The fact that a person has a complete or partial defence in relation to conduct which is an essential element of a particular crime shall not prevent that person from being charged with and convicted of any other crime of which that conduct is not an essential element.
216 Involuntary conduct
+
 
 +
'''Division A: Defence Relating to Voluntary Conduct'''
 +
 
 +
'''PART II'''
 +
 
 +
'''AUTOMATISM'''
 +
 
 +
'''216 Involuntary conduct'''
 +
 
 
(1)  Subject to subsection (3), the fact that the conduct of a person charged with a crime was not voluntary as required by paragraph (c) of section nine, that is, that the person did or omitted to do anything that is an essential element of the crime without conscious knowledge or control, shall be a complete defence to the charge.
 
(1)  Subject to subsection (3), the fact that the conduct of a person charged with a crime was not voluntary as required by paragraph (c) of section nine, that is, that the person did or omitted to do anything that is an essential element of the crime without conscious knowledge or control, shall be a complete defence to the charge.
 +
 
(2)  Without derogating from the generality of the meaning of "voluntary conduct", the following do not constitute voluntary conduct?
 
(2)  Without derogating from the generality of the meaning of "voluntary conduct", the following do not constitute voluntary conduct?
(a) a reflex movement, spasm or convulsion;
+
 
(b) a bodily movement during unconsciousness or sleep;
+
(a) a reflex movement, spasm or convulsion;
(c) conduct during hypnosis, or which results from hypnotic suggestion;
+
 
(d) conduct over which a person has no control, his or her body or part of his or her body being merely an instrument in the hands of a human or natural agency outside him or her;
+
(b) a bodily movement during unconsciousness or sleep;
 +
 
 +
(c) conduct during hypnosis, or which results from hypnotic suggestion;
 +
 
 +
(d) conduct over which a person has no control, his or her body or part of his or her body being merely an instrument in the hands of a human or natural agency outside him or her;
 
and the expression "involuntary conduct" shall be construed accordingly.
 
and the expression "involuntary conduct" shall be construed accordingly.
 +
 
(3)  If a situation in which a person's conduct is involuntary is brought about through the person's own fault, a court may regard the conduct as voluntary.
 
(3)  If a situation in which a person's conduct is involuntary is brought about through the person's own fault, a court may regard the conduct as voluntary.
 +
 
(4)  If it is found that the conduct of a person upon which he or she is charged with a crime was involuntary, and that such involuntary conduct was the result of a mental disorder or defect as defined in section two hundred and twenty-six, a court shall return a special verdict in terms of section 29 of the Mental Health Act [Chapter 15:12] (Act No. 15 of 1996).
 
(4)  If it is found that the conduct of a person upon which he or she is charged with a crime was involuntary, and that such involuntary conduct was the result of a mental disorder or defect as defined in section two hundred and twenty-six, a court shall return a special verdict in terms of section 29 of the Mental Health Act [Chapter 15:12] (Act No. 15 of 1996).
  
Division B: Defences and Mitigating Factors Relating to the Mental State
+
'''Division B: Defences and Mitigating Factors Relating to the Mental State'''
PART III
+
 
DIMINISHED RESPONSIBILITY
+
'''PART III'''
217 Interpretation in Part III of Chapter XIV
+
 
 +
'''DIMINISHED RESPONSIBILITY'''
 +
 
 +
'''217 Interpretation in Part III of Chapter XIV'''
 +
 
 
In this Part?
 
In this Part?
 +
 
"partial mental disorder or defect" means a mental disorder or defect as defined in section two hundred and twenty-six, the effect of which is not such as to entirely deprive the person suffering from it of the capacity to appreciate the nature or lawfulness of his or her conduct or to act in accordance with such an appreciation.
 
"partial mental disorder or defect" means a mental disorder or defect as defined in section two hundred and twenty-six, the effect of which is not such as to entirely deprive the person suffering from it of the capacity to appreciate the nature or lawfulness of his or her conduct or to act in accordance with such an appreciation.
218 Diminished responsibility to operate in mitigation not as defence
+
 
 +
'''218 Diminished responsibility to operate in mitigation not as defence'''
 +
 
 
(1)  If at the time when a crime is committed the capacity of the person committing it?
 
(1)  If at the time when a crime is committed the capacity of the person committing it?
(a) to appreciate the nature of his or her conduct or that his or her conduct was unlawful;  or
+
 
(b) to act in accordance with an appreciation of the kind referred to in paragraph (a);
+
(a) to appreciate the nature of his or her conduct or that his or her conduct was unlawful;  or
 +
 
 +
(b) to act in accordance with an appreciation of the kind referred to in paragraph (a);
 +
 
 
is diminished on account of acute mental or emotional stress, or a partial mental disorder or defect, such diminished responsibility shall not be a defence to the crime, but a court convicting such person shall take it into account when imposing sentence upon him or her for the crime.
 
is diminished on account of acute mental or emotional stress, or a partial mental disorder or defect, such diminished responsibility shall not be a defence to the crime, but a court convicting such person shall take it into account when imposing sentence upon him or her for the crime.
 +
 
(2)  If the acute mental or emotional stress, or partial mental disorder or defect, is brought about through the person's own fault, a court may regard such person's responsibility as not having been diminished.
 
(2)  If the acute mental or emotional stress, or partial mental disorder or defect, is brought about through the person's own fault, a court may regard such person's responsibility as not having been diminished.
 +
 
(3)  Where the capacity of a person to appreciate the nature or lawfulness of his or her conduct or to act in accordance with such an appreciation is affected by intoxication or provocation, Part IV or IX, as the case may be, shall apply to such person.
 
(3)  Where the capacity of a person to appreciate the nature or lawfulness of his or her conduct or to act in accordance with such an appreciation is affected by intoxication or provocation, Part IV or IX, as the case may be, shall apply to such person.
 +
 
(4)  For the avoidance of doubt it is declared that where a mental disorder or defect is such as to negate rather than diminish the capacity of the person suffering from it to appreciate the nature or lawfulness of his or her conduct or to act in accordance with such an appreciation, the person shall be entitled to a complete defence in terms of section two hundred and twenty-seven.
 
(4)  For the avoidance of doubt it is declared that where a mental disorder or defect is such as to negate rather than diminish the capacity of the person suffering from it to appreciate the nature or lawfulness of his or her conduct or to act in accordance with such an appreciation, the person shall be entitled to a complete defence in terms of section two hundred and twenty-seven.
PART IV
+
 
INTOXICATION
+
'''PART IV'''
219 Interpretation in Part IV of Chapter XIV
+
 
 +
'''INTOXICATION'''
 +
 
 +
'''219 Interpretation in Part IV of Chapter XIV'''
 +
 
 
In this Part?
 
In this Part?
 +
 
"intoxication" means intoxication resulting from the ingestion of any form of alcohol or drug;
 
"intoxication" means intoxication resulting from the ingestion of any form of alcohol or drug;
 +
 
"involuntary intoxication" means intoxication that is not voluntarily self-induced;
 
"involuntary intoxication" means intoxication that is not voluntarily self-induced;
 +
 
"voluntary intoxication" means intoxication which is voluntarily self-induced.
 
"voluntary intoxication" means intoxication which is voluntarily self-induced.
220 When involuntary intoxication a complete defence to crimes
+
 
 +
'''220 When involuntary intoxication a complete defence to crimes'''
 +
 
 
(1)  The fact that a person charged with a crime was intoxicated when he or she did or omitted to do anything that is an essential element of the crime shall be a complete defence to the charge if?
 
(1)  The fact that a person charged with a crime was intoxicated when he or she 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 person was involuntarily intoxicated when he or she did or omitted to do anything that is an essential element of the crime;  and
+
 
(b) in relation to a crime of which intention, knowledge or the realisation of a real risk or possibility is an element, the person was intoxicated to such an extent that he or she lacked the requisite intention, knowledge or realisation.
+
(a) the person was involuntarily intoxicated when he or she did or omitted to do anything that is an essential element of the crime;  and
 +
 
 +
(b) in relation to a crime of which intention, knowledge or the realisation of a real risk or possibility is an element, the person was intoxicated to such an extent that he or she lacked the requisite intention, knowledge or realisation.
 +
 
 
(2)  For the avoidance of doubt it is declared that involuntary intoxication shall be a complete defence to any crime of which negligence is an element.
 
(2)  For the avoidance of doubt it is declared that involuntary intoxication shall be a complete defence to any crime of which negligence is an element.
221 Intoxication no defence to crimes committed with requisite state of mind
+
 
 +
'''221 Intoxication no defence to crimes committed with requisite state of mind'''
 +
 
 
(1)  If a person charged with a crime requiring proof of intention, knowledge or the realisation of a real risk or possibility?
 
(1)  If a person charged with a crime requiring proof of intention, knowledge or the realisation of a real risk or possibility?
(a) was voluntarily or involuntarily intoxicated when he or she did or omitted to do anything which is an essential element of the crime;  but
+
 
(b) the effect of the intoxication was not such that he or she lacked the requisite intention, knowledge or realisation;
+
(a) was voluntarily or involuntarily intoxicated when he or she did or omitted to do anything which is an essential element of the crime;  but
 +
 
 +
(b) the effect of the intoxication was not such that he or she lacked the requisite intention, knowledge or realisation;
 +
 
 
such intoxication shall not be a defence to the crime, but the court may regard it as mitigatory when assessing the sentence to be imposed.
 
such intoxication shall not be a defence to the crime, but the court may regard it as mitigatory when assessing the sentence to be imposed.
 +
 
(2)  Where a person is charged with a crime requiring proof of negligence, the fact the person was voluntarily intoxicated when he or she did or omitted to do anything which is an essential element of the crime shall not be a defence to any such crime, nor shall the court regard it as mitigatory when assessing the sentence to be imposed.
 
(2)  Where a person is charged with a crime requiring proof of negligence, the fact the person was voluntarily intoxicated when he or she did or omitted to do anything which is an essential element of the crime shall not be a defence to any such crime, nor shall the court regard it as mitigatory when assessing the sentence to be imposed.
222 Voluntary intoxication leading to unlawful conduct
+
 
 +
'''222 Voluntary intoxication leading to unlawful conduct'''
 +
 
 
If a person charged with a crime requiring proof of intention, knowledge or the realisation of a real risk or possibility (hereafter in this section called "the crime originally charged") and it is proved that?
 
If a person charged with a crime requiring proof of intention, knowledge or the realisation of a real risk or possibility (hereafter in this section called "the crime originally charged") and it is proved that?
(a) the accused was voluntarily intoxicated when he or she did or omitted to do anything which is an essential element of the crime originally charged;  and
+
 
(b) the effect of the intoxication was such that the accused lacked the requisite intention, knowledge or realisation;
+
(a) the accused was voluntarily intoxicated when he or she did or omitted to do anything which is an essential element of the crime originally charged;  and
 +
 
 +
(b) the effect of the intoxication was such that the accused lacked the requisite intention, knowledge or realisation;
 +
 
 
he or she shall be guilty of voluntary intoxication leading to unlawful conduct instead of the crime originally charged and liable to the same punishment as if?
 
he or she shall be guilty of voluntary intoxication leading to unlawful conduct instead of the crime originally charged and liable to the same punishment as if?
(i) he or she had been found guilty of the crime originally charged;  and
+
 
(ii) intoxication had been assessed as a mitigatory circumstance in his or her case.
+
(i) he or she had been found guilty of the crime originally charged;  and
223 Intoxication facilitating the commission of crime
+
 
 +
(ii) intoxication had been assessed as a mitigatory circumstance in his or her case.
 +
 
 +
'''223 Intoxication facilitating the commission of crime'''
 +
 
 
(1)  Notwithstanding any other provision of this Part, if a person?
 
(1)  Notwithstanding any other provision of this Part, if a person?
(a) having formed an intention to commit a crime, becomes voluntarily intoxicated for the purpose of enabling him or her to commit the crime or facilitating his or her commission of the crime;  and
+
 
(b) while so intoxicated, does or omits to do anything which, if done or omitted, as the case may be, with the requisite intention, would be an essential element of a crime;
+
(a) having formed an intention to commit a crime, becomes voluntarily intoxicated for the purpose of enabling him or her to commit the crime or facilitating his or her commission of the crime;  and
 +
 
 +
(b) while so intoxicated, does or omits to do anything which, if done or omitted, as the case may be, with the requisite intention, would be an essential element of a crime;
 +
 
 
the person may be convicted of the crime concerned on the basis of his or her original intention, in all respects as if he or she had not been intoxicated when he or she did or omitted to do the thing concerned.
 
the person may be convicted of the crime concerned on the basis of his or her original intention, in all respects as if he or she had not been intoxicated when he or she did or omitted to do the thing concerned.
 +
 
(2)  Notwithstanding any other provision of this Code, if a person becomes voluntarily intoxicated realising that there is real risk or possibility that he or she will, in his or her intoxicated condition, engage in any conduct for which he or she may be held criminally liable, he or she may be convicted of the crime constituted by the conduct on the basis of his or her original realisation, in all respects as if he or she had not been intoxicated when he or she did or omitted to do the thing concerned.
 
(2)  Notwithstanding any other provision of this Code, if a person becomes voluntarily intoxicated realising that there is real risk or possibility that he or she will, in his or her intoxicated condition, engage in any conduct for which he or she may be held criminally liable, he or she may be convicted of the crime constituted by the conduct on the basis of his or her original realisation, in all respects as if he or she had not been intoxicated when he or she did or omitted to do the thing concerned.
224 Voluntary intoxication leading to provocation
+
 
 +
'''224 Voluntary intoxication leading to provocation'''
 +
 
 
If a person, while in a state of voluntary intoxication, is provoked into any conduct by something which would not have provoked that person had he or she not been intoxicated, the court shall, in accordance with Part IX, regard such provocation as mitigatory when assessing the sentence.
 
If a person, while in a state of voluntary intoxication, is provoked into any conduct by something which would not have provoked that person had he or she not been intoxicated, the court shall, in accordance with Part IX, regard such provocation as mitigatory when assessing the sentence.
225 Intoxication leading to mental disorder
+
 
 +
'''225 Intoxication leading to mental disorder'''
 +
 
 
If a person, as a result of voluntary or involuntary intoxication, suffers from a permanent or long-lasting disorder or disability of mind, the disorder or disability shall be capable of constituting a defence of mental disorder in terms of Part V to a criminal charge arising out of any conduct on the person's part whilst he or she is suffering from the disorder or disability:
 
If a person, as a result of voluntary or involuntary intoxication, suffers from a permanent or long-lasting disorder or disability of mind, the disorder or disability shall be capable of constituting a defence of mental disorder in terms of Part V to a criminal charge arising out of any conduct on the person's part whilst he or she is suffering from the disorder or disability:
 +
 
Provided that a verdict that the person was mentally disordered shall not be returned if the person's mind was only temporarily disordered or disabled by the effects of alcohol or a drug.
 
Provided that a verdict that the person was mentally disordered shall not be returned if the person's mind was only temporarily disordered or disabled by the effects of alcohol or a drug.
PART V
+
 
MENTAL DISORDER
+
'''PART V'''
226 Interpretation in Part V of Chapter XIV
+
 
 +
'''MENTAL DISORDER'''
 +
 
 +
'''226 Interpretation in Part V of Chapter XIV'''
 +
 
 
In this Part?
 
In this Part?
 +
 
"mental disorder or defect" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of the mind.
 
"mental disorder or defect" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of the mind.
227 Mental disorder at time of commission of crime
+
 
 +
'''227 Mental disorder at time of commission of crime'''
 +
 
 
(1)  The fact that a person charged with a crime was suffering from a mental disorder or defect when the person did or omitted to do anything which is an essential element of the crime charged shall be a complete defence to the charge if the mental disorder or defect made him or her?
 
(1)  The fact that a person charged with a crime was suffering from a mental disorder or defect when the person did or omitted to do anything which is an essential element of the crime charged shall be a complete defence to the charge if the mental disorder or defect made him or her?
(a) incapable of appreciating the nature of his or her conduct, or that his or her conduct was unlawful, or both;  or
+
 
(b) incapable, notwithstanding that he or she appreciated the nature of his or her conduct, or that his or her conduct was unlawful, or both, of acting in accordance with such an appreciation.
+
(a) incapable of appreciating the nature of his or her conduct, or that his or her conduct was unlawful, or both;  or
 +
 
 +
(b) incapable, notwithstanding that he or she appreciated the nature of his or her conduct, or that his or her conduct was unlawful, or both, of acting in accordance with such an appreciation.
 +
 
 
(2)  For the purposes of subsection (1), the cause and duration of the mental disorder or defect shall be immaterial.
 
(2)  For the purposes of subsection (1), the cause and duration of the mental disorder or defect shall be immaterial.
 +
 
(3)  Subsection (1) shall not apply to a mental disorder or defect which is neither permanent nor long-lasting, suffered by a person as a result of voluntary intoxication as defined in section two hundred and nineteen.
 
(3)  Subsection (1) shall not apply to a mental disorder or defect which is neither permanent nor long-lasting, suffered by a person as a result of voluntary intoxication as defined in section two hundred and nineteen.
228 Mental disorder at time of trial
+
 
 +
'''228 Mental disorder at time of trial'''
 +
 
 
The fact that a person is mentally disordered or defective at the time of his or her trial on a criminal charge shall not be a defence to the charge unless he or she was also mentally disordered or defective at the time he or she did or omitted to do anything that is an essential element of the crime charged.
 
The fact that a person is mentally disordered or defective at the time of his or her trial on a criminal charge shall not be a defence to the charge unless he or she was also mentally disordered or defective at the time he or she did or omitted to do anything that is an essential element of the crime charged.
229 Application of Cap. 15:12
+
 
 +
'''229 Application of Cap. 15:12'''
 +
 
 
Nothing in this Part shall affect the operation of the Mental Health Act [Chapter 15:12] (Act No. 15 of 1996) in relation to?
 
Nothing in this Part shall affect the operation of the Mental Health Act [Chapter 15:12] (Act No. 15 of 1996) in relation to?
(a) the procedure to be followed when persons being tried are found to be mentally disordered or defective or any verdict to be returned at any such trial;  or
+
 
(b) the detention, examination or treatment of persons found to be mentally disordered or defective.
+
(a) the procedure to be followed when persons being tried are found to be mentally disordered or defective or any verdict to be returned at any such trial;  or
PART VI
+
 
MINORITY
+
(b) the detention, examination or treatment of persons found to be mentally disordered or defective.
230 When child between seven and fourteen years may be held criminally liable
+
 
 +
'''PART VI'''
 +
 
 +
'''MINORITY'''
 +
 
 +
'''230 When child between seven and fourteen years may be held criminally liable'''
 +
 
 
(1)  The presumption referred to in section seven as to the criminal incapacity of a child between the age of seven and below the age of fourteen years may be rebutted if, at the time of the commission of the crime for which such child is charged, the child was sufficiently mature?
 
(1)  The presumption referred to in section seven as to the criminal incapacity of a child between the age of seven and below the age of fourteen years may be rebutted if, at the time of the commission of the crime for which such child is charged, the child was sufficiently mature?
(a) to understand that his or her conduct was unlawful or morally wrong;  and
+
 
(b) to be capable of conforming with the requirements of the law.
+
(a) to understand that his or her conduct was unlawful or morally wrong;  and
 +
 
 +
(b) to be capable of conforming with the requirements of the law.
 +
 
 
(2)  Subsection (1) shall apply to all crimes, whether or not any form of intention, knowledge, realisation or negligence is required for their commission.
 
(2)  Subsection (1) shall apply to all crimes, whether or not any form of intention, knowledge, realisation or negligence is required for their commission.
 +
 
(3)  In deciding, for the purposes of subsection (1), whether or not a child was sufficiently mature to have the understanding and capacity referred to in that subsection, a court shall take into account the following factors, in addition to any others that are relevant in the particular case?
 
(3)  In deciding, for the purposes of subsection (1), whether or not a child was sufficiently mature to have the understanding and capacity referred to in that subsection, a court shall take into account the following factors, in addition to any others that are relevant in the particular case?
(a) the nature of the crime with which the child is charged;  and
+
 
(b) the child's general maturity and family background;  and
+
(a) the nature of the crime with which the child is charged;  and
(c) the child's knowledge, education and experience;  and
+
 
(d) the child's behaviour before, during and after the conduct which forms the subject of the charge.
+
(b) the child's general maturity and family background;  and
 +
 
 +
(c) the child's knowledge, education and experience;  and
 +
 
 +
(d) the child's behaviour before, during and after the conduct which forms the subject of the charge.
 +
 
 
(4)  Where a child who is of or over the age of seven years but under the age of fourteen years does or omits to do anything in the presence of an older person whom in all the circumstances the child would be expected to obey, it shall be presumed, in any criminal proceedings arising out of that conduct, that the child was acting under compulsion from that older person, unless the contrary is proved.
 
(4)  Where a child who is of or over the age of seven years but under the age of fourteen years does or omits to do anything in the presence of an older person whom in all the circumstances the child would be expected to obey, it shall be presumed, in any criminal proceedings arising out of that conduct, that the child was acting under compulsion from that older person, unless the contrary is proved.
 +
 
(5)  For the purposes of subsection (4), a child shall be deemed to be in the presence of an older person if the older person is so placed as to be able to control the child's conduct.
 
(5)  For the purposes of subsection (4), a child shall be deemed to be in the presence of an older person if the older person is so placed as to be able to control the child's conduct.
 
231 Attorney-General to authorise prosecutions of children under fourteen years
 
231 Attorney-General to authorise prosecutions of children under fourteen years
 +
 
No proceedings in respect of any crime shall be instituted or continued against any person who is under the age of fourteen years, other than proceedings for the purposes of remand, without the authority of the Attorney-General.
 
No proceedings in respect of any crime shall be instituted or continued against any person who is under the age of fourteen years, other than proceedings for the purposes of remand, without the authority of the Attorney-General.
PART VII
+
 
MISTAKE OR IGNORANCE OF FACT
+
'''PART VII'''
232 Interpretation in Part VII of Chapter XIV
+
 
 +
'''MISTAKE OR IGNORANCE OF FACT'''
 +
 
 +
'''232 Interpretation in Part VII of Chapter XIV'''
 +
 
 
In this Part?
 
In this Part?
 +
 
"essential fact", in relation to a crime, means any fact or factual circumstance which relates to an essential element of the crime;
 
"essential fact", in relation to a crime, means any fact or factual circumstance which relates to an essential element of the crime;
 +
 
"ignorance", in relation to a fact, means complete lack of knowledge that the fact exists;
 
"ignorance", in relation to a fact, means complete lack of knowledge that the fact exists;
 +
 
"mistake", in relation to a fact, means an erroneous impression concerning that fact.
 
"mistake", in relation to a fact, means an erroneous impression concerning that fact.
233 When mistake or ignorance of fact a defence to subjective crimes
+
 
 +
'''233 When mistake or ignorance of fact a defence to subjective crimes'''
 +
 
 
(1)  If a person does or omits to do anything which would be an essential element of a crime if done or omitted, as the case may be, with any form of intention, knowledge or realisation, the person shall have a complete defence to a charge of committing that crime if, when he or she did or omitted to do the thing, he or she was genuinely mistaken or ignorant as to an essential fact of the crime concerned.
 
(1)  If a person does or omits to do anything which would be an essential element of a crime if done or omitted, as the case may be, with any form of intention, knowledge or realisation, the person shall have a complete defence to a charge of committing that crime if, when he or she did or omitted to do the thing, he or she was genuinely mistaken or ignorant as to an essential fact of the crime concerned.
 +
 
(2)  Subject to this Code and any other enactment, mistake or ignorance of an essential fact may be a defence to a crime referred to in subsection (1) even if it is not reasonable:
 
(2)  Subject to this Code and any other enactment, mistake or ignorance of an essential fact may be a defence to a crime referred to in subsection (1) even if it is not reasonable:
 
Provided that the reasonableness or unreasonableness of any mistake or ignorance may be taken into account in determining whether or not it is genuine.
 
Provided that the reasonableness or unreasonableness of any mistake or ignorance may be taken into account in determining whether or not it is genuine.
234 When mistake or ignorance of fact a defence to objective crimes
+
 
 +
'''234 When mistake or ignorance of fact a defence to objective crimes'''
 +
 
 
If a person does or omits to do anything which would be an essential element of a crime if done or omitted, as the case may be, negligently, the person shall have a complete defence to a charge of committing that crime if?
 
If a person does or omits to do anything which would be an essential element of a crime if done or omitted, as the case may be, negligently, the person shall have a complete defence to a charge of committing that crime if?
(a) when he or she did or omitted to do the thing, he or she was genuinely mistaken or ignorant as to an essential fact of the crime concerned;  and
+
 
(b) the person's mistake or ignorance of that essential fact was reasonable in all the circumstances.
+
(a) when he or she did or omitted to do the thing, he or she was genuinely mistaken or ignorant as to an essential fact of the crime concerned;  and
PART VIII
+
 
MISTAKE OR IGNORANCE OF LAW
+
(b) the person's mistake or ignorance of that essential fact was reasonable in all the circumstances.
235 Interpretation in Part VIII of Chapter XIV
+
 
 +
'''PART VIII'''
 +
 
 +
'''MISTAKE OR IGNORANCE OF LAW'''
 +
 
 +
'''235 Interpretation in Part VIII of Chapter XIV'''
 +
 
 
In this Part?
 
In this Part?
 +
 
"ignorance", in relation to a law, means complete lack of knowledge that the law exists;
 
"ignorance", in relation to a law, means complete lack of knowledge that the law exists;
 +
 
"law" means this Code or any other enactment;
 
"law" means this Code or any other enactment;
 +
 
"mistake", in relation to a law, means an erroneous impression as to the nature or contents of that law.
 
"mistake", in relation to a law, means an erroneous impression as to the nature or contents of that law.
236 When mistake or ignorance of law a defence
+
 
 +
'''236 When mistake or ignorance of law a defence'''
 +
 
 
(1)  Subject to this Part, if a person?
 
(1)  Subject to this Part, if a person?
(a) does or omits to do anything which is an essential element of a crime in terms of any law;  and
+
 
(b) when he or she did or omitted to do the thing, he or she did not know that his or her conduct was unlawful because he or she was genuinely mistaken or ignorant as to the relevant provisions of the law;
+
(a) does or omits to do anything which is an essential element of a crime in terms of any law;  and
 +
 
 +
(b) when he or she did or omitted to do the thing, he or she did not know that his or her conduct was unlawful because he or she was genuinely mistaken or ignorant as to the relevant provisions of the law;
 +
 
 
the person shall not have a complete defence to a charge of committing that crime unless the person's mistake or ignorance as to the relevant provisions of the law was directly brought about by advice given to him or her by an administrative or judicial officer whom he or she had reason to believe was charged with the administration of the law concerned and was familiar with its contents.
 
the person shall not have a complete defence to a charge of committing that crime unless the person's mistake or ignorance as to the relevant provisions of the law was directly brought about by advice given to him or her by an administrative or judicial officer whom he or she had reason to believe was charged with the administration of the law concerned and was familiar with its contents.
 +
 
(2)  In any circumstances other than those affording a complete defence under subsection (1), genuine mistake or ignorance as to the relevant provisions of a law on the part of a person charged with a crime shall merely be a factor to be taken into account in the assessment of sentence.
 
(2)  In any circumstances other than those affording a complete defence under subsection (1), genuine mistake or ignorance as to the relevant provisions of a law on the part of a person charged with a crime shall merely be a factor to be taken into account in the assessment of sentence.
237 Claims of right and mistakes of mixed law and fact
+
 
 +
'''237 Claims of right and mistakes of mixed law and fact'''
 +
 
 
If in any criminal case a person charged with any crime against property raises a defence of claim of right, namely that the person believed he or she had a right to do or omit to do any thing, the court shall determine whether or not the belief arose from mistake or ignorance of fact or law and, if the court decides that the belief arose?
 
If in any criminal case a person charged with any crime against property raises a defence of claim of right, namely that the person believed he or she had a right to do or omit to do any thing, the court shall determine whether or not the belief arose from mistake or ignorance of fact or law and, if the court decides that the belief arose?
(a) solely from mistake or ignorance of law, the court shall regard the defence as one of mistake or ignorance of law in terms of this Part;  or
+
 
(b) solely from mistake or ignorance of fact, the court shall regard the defence as one of mistake or ignorance of fact in terms of Part VII;  or
+
(a) solely from mistake or ignorance of law, the court shall regard the defence as one of mistake or ignorance of law in terms of this Part;  or
(c) partly from mistake or ignorance of law and partly from mistake or ignorance of fact, the court shall regard the defence as one of mistake or ignorance of law in terms of this Part.
+
 
PART IX
+
(b) solely from mistake or ignorance of fact, the court shall regard the defence as one of mistake or ignorance of fact in terms of Part VII;  or
PROVOCATION
+
 
238 Provocation in relation to crimes other than murder
+
(c) partly from mistake or ignorance of law and partly from mistake or ignorance of fact, the court shall regard the defence as one of mistake or ignorance of law in terms of this Part.
 +
 
 +
'''PART IX'''
 +
 
 +
'''PROVOCATION'''
 +
 
 +
'''238 Provocation in relation to crimes other than murder'''
 +
 
 
Except as provided in section two hundred and thirty-nine and subject to any other enactment, provocation shall not be a defence to a crime but the court may regard it as mitigatory when assessing the sentence to be imposed for the crime.
 
Except as provided in section two hundred and thirty-nine and subject to any other enactment, provocation shall not be a defence to a crime but the court may regard it as mitigatory when assessing the sentence to be imposed for the crime.
239 When provocation a partial defence to murder
+
 
 +
'''239 When provocation a partial defence to murder'''
 +
 
 
(1)  If, after being provoked, a person does or omits to do anything which would be an essential element of the crime of murder if done or omitted, as the case may be, with the intention or realisation referred to in section forty-seven, the person shall be guilty of culpable homicide if, as a result of the provocation?
 
(1)  If, after being provoked, a person does or omits to do anything which would be an essential element of the crime of murder if done or omitted, as the case may be, with the intention or realisation referred to in section forty-seven, the person shall be guilty of culpable homicide if, as a result of the provocation?
(a) he or she does not have the intention or realisation referred to in section forty-seven;  or
+
 
(b) he or she has the intention or realisation referred to in section forty-seven but has completely lost his or her self-control, the provocation being sufficient to make a reasonable person in his or her position and circumstances lose his or her self-control.
+
(a) he or she does not have the intention or realisation referred to in section forty-seven;  or
 +
 
 +
(b) he or she has the intention or realisation referred to in section forty-seven but has completely lost his or her self-control, the provocation being sufficient to make a reasonable person in his or her position and circumstances lose his or her self-control.
 +
 
 
(2)  For the avoidance of doubt it is declared that if a court finds that a person accused of murder was provoked but that?
 
(2)  For the avoidance of doubt it is declared that if a court finds that a person accused of murder was provoked but that?
(a) he or she did have the intention or realisation referred to in section forty-seven;  or
+
 
(b) the provocation was not sufficient to make a reasonable person in the accused's position and circumstances lose his or her self-control;
+
(a) he or she did have the intention or realisation referred to in section forty-seven;  or
 +
 
 +
(b) the provocation was not sufficient to make a reasonable person in the accused's position and circumstances lose his or her self-control;
 
the accused shall not be entitled to a partial defence in terms of subsection (1) but the court may regard the provocation as mitigatory as provided in section two hundred and thirty-eight.
 
the accused shall not be entitled to a partial defence in terms of subsection (1) but the court may regard the provocation as mitigatory as provided in section two hundred and thirty-eight.
  
Division C: Defences and Mitigating Factors Relating to Unlawfulness
+
'''Division C: Defences and Mitigating Factors Relating to Unlawfulness'''
PART X
+
 
AUTHORITY
+
'''PART X'''
240 Public authority
+
 
 +
'''AUTHORITY'''
 +
 
 +
'''240 Public authority'''
 +
 
 
(1)  Subject to this section, the fact that a person is authorised or permitted by an enactment to do or omit to do any thing shall be a complete defence to a charge alleging the commission of a crime of which that conduct is an essential element.
 
(1)  Subject to this section, the fact that a person is authorised or permitted by an enactment to do or omit to do any thing shall be a complete defence to a charge alleging the commission of a crime of which that conduct is an essential element.
 +
 
(2)  Subject to this section, the fact that a person did or omitted to do any thing as a duly authorised official, employee or agent of the State and in the proper exercise of that authority shall be a complete defence to a charge alleging the commission of a crime of which that conduct is an essential element.
 
(2)  Subject to this section, the fact that a person did or omitted to do any thing as a duly authorised official, employee or agent of the State and in the proper exercise of that authority shall be a complete defence to a charge alleging the commission of a crime of which that conduct is an essential element.
 +
 
(3)  A person shall not be entitled to rely on the defence referred to in?
 
(3)  A person shall not be entitled to rely on the defence referred to in?
(a) subsection (1), unless his or her conduct was in all respects authorised or permitted by the enactment concerned;
+
 
(b) subsection (2), unless it was lawful for the State to give the authority concerned.
+
(a) subsection (1), unless his or her conduct was in all respects authorised or permitted by the enactment concerned;
241 Discipline of children
+
 
 +
(b) subsection (2), unless it was lawful for the State to give the authority concerned.
 +
 
 +
'''241 Discipline of children'''
 +
 
 
(1)  In this section?
 
(1)  In this section?
 +
 
"guardian" means a person, other than a school teacher in his or her capacity as such, who has the lawful custody, charge or care of a minor person, whether permanently or temporarily;
 
"guardian" means a person, other than a school teacher in his or her capacity as such, who has the lawful custody, charge or care of a minor person, whether permanently or temporarily;
 +
 
"minor", in relation to a person, means that the person is under the age of eighteen years;
 
"minor", in relation to a person, means that the person is under the age of eighteen years;
 +
 
"school" includes an educational institution of any kind;
 
"school" includes an educational institution of any kind;
 +
 
"school-teacher" means the head or deputy head of a school.
 
"school-teacher" means the head or deputy head of a school.
 +
 
(2)  Subject to this section?
 
(2)  Subject to this section?
(a) a parent or guardian shall have authority to administer moderate corporal punishment for disciplinary purposes upon his or her minor child or ward;
+
 
(b) a school-teacher shall have authority to administer moderate corporal punishment for disciplinary purposes upon any minor male pupil or student;
+
(a) a parent or guardian shall have authority to administer moderate corporal punishment for disciplinary purposes upon his or her minor child or ward;
and, where moderate corporal punishment is administered upon a minor person by a parent, guardian or school-teacher within the scope of that authority, the authority shall be a complete defence to a criminal charge alleging the commission of a crime of which the administration of the punishment is an essential element.
+
 
 +
(b) a school-teacher shall have authority to administer moderate corporal punishment for disciplinary purposes upon any minor male pupil or student;
 +
 
 +
and, where moderate corporal punishment is administered upon a minor person by a parent, guardian or school-teacher within the scope of that authority, the authority shall be a complete defence to a criminal charge alleging the commission of a crime of which the administration of the punishment is an essential element.
 +
 
 
(3)  Subject to this section, any person who administers moderate corporal punishment upon a minor person under authority delegated to him or her by a parent, guardian or school-teacher shall have a complete defence to a criminal charge alleging the commission of a crime of which the administration of such punishment is an essential element, if it would have been lawful for the parent, guardian or school-teacher to have administered such punishment himself or herself.
 
(3)  Subject to this section, any person who administers moderate corporal punishment upon a minor person under authority delegated to him or her by a parent, guardian or school-teacher shall have a complete defence to a criminal charge alleging the commission of a crime of which the administration of such punishment is an essential element, if it would have been lawful for the parent, guardian or school-teacher to have administered such punishment himself or herself.
 +
 
(4)  No school-teacher or person acting under authority delegated to him or her by a school-teacher shall administer corporal punishment upon a female pupil or student.
 
(4)  No school-teacher or person acting under authority delegated to him or her by a school-teacher shall administer corporal punishment upon a female pupil or student.
 +
 
(5)  When administering corporal punishment upon a minor male pupil or student at his or her school, a school-teacher shall comply with any lawful rules, regulations or administrative instructions which apply to the administration of corporal punishment at his or her school.
 
(5)  When administering corporal punishment upon a minor male pupil or student at his or her school, a school-teacher shall comply with any lawful rules, regulations or administrative instructions which apply to the administration of corporal punishment at his or her school.
 +
 
(6)  In deciding whether or not any corporal punishment administered upon a minor person is moderate for the purposes of this section, a court shall take into account the following factors, in addition to any others that are relevant in the particular case?
 
(6)  In deciding whether or not any corporal punishment administered upon a minor person is moderate for the purposes of this section, a court shall take into account the following factors, in addition to any others that are relevant in the particular case?
(a) the nature of the punishment and any instrument used to administer it;  and
+
 
(b) the degree of force with which the punishment was administered;  and
+
(a) the nature of the punishment and any instrument used to administer it;  and
(c) the reason for the administration of the punishment;  and
+
 
(d) the age, physical condition and sex of the minor person upon whom it was administered;  and
+
(b) the degree of force with which the punishment was administered;  and
(e) any social attitudes towards the discipline of children which are prevalent in the community among whom the minor person was living when the punishment was administered upon the minor person.
+
 
242 Purported corporal punishment of spouses unlawful
+
(c) the reason for the administration of the punishment;  and
 +
 
 +
(d) the age, physical condition and sex of the minor person upon whom it was administered;  and
 +
 
 +
(e) any social attitudes towards the discipline of children which are prevalent in the community among whom the minor person was living when the punishment was administered upon the minor person.
 +
 
 +
'''242 Purported corporal punishment of spouses unlawful'''
 +
 
 
It shall not be lawful for a person to purport to administer corporal punishment upon his or her spouse, whatever the nature of their marriage and wherever their marriage may have been contracted.
 
It shall not be lawful for a person to purport to administer corporal punishment upon his or her spouse, whatever the nature of their marriage and wherever their marriage may have been contracted.
PART XI
+
 
COMPULSION
+
'''PART XI'''
243 Requirements for compulsion to be complete defence
+
 
 +
'''COMPULSION'''
 +
 
 +
'''243 Requirements for compulsion to be complete defence'''
 +
 
 
(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?
 
(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.
 
(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.
244 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?
 
(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
 
(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
+
(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
CONSENT
+
 
245 Requirements for consent to be complete defence
+
(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'''
 +
 
 +
'''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?
 
(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?
 
(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
246 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?
 
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.
 
and such consent shall not be a defence to any criminal charge arising out of such killing or the infliction of such injury.
247 Consent to medical treatment for therapeutic purposes
+
 
 +
'''247 Consent to medical treatment for therapeutic purposes'''
 +
 
 
(1)  In this section?
 
(1)  In this section?
 +
 
"patient" means a person to whom medical treatment is given or upon whom a medical operation is performed;
 
"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.
 
"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?
 
(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?
 
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?
 
(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.
 
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.
 
(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.
248 Consent to medical treatment for non-therapeutic purposes
+
 
 +
'''248 Consent to medical treatment for non-therapeutic purposes'''
 +
 
 
(1)  In this section?
 
(1)  In this section?
 +
 
"patient" means a person to whom medical treatment is given or upon whom a medical operation is performed;
 
"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.
 
"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?
 
(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?
 
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].".
+
 
249 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.
 
(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?
 
(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
250 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?
 
(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".
 
"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?
 
(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.
 
shall be a complete defence to a charge alleging the commission of a crime constituted by the infliction of such injury.
251 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.
 
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'''
252 Interpretation in Part XIII of Chapter XIV
+
 
 +
'''DEFENCE OF PERSON'''
 +
 
 +
'''252 Interpretation in Part XIII of Chapter XIV'''
 +
 
 
In this section?
 
In this section?
 +
 
"unlawful attack" means any unlawful conduct which endangers a person's life, bodily integrity or freedom.
 
"unlawful attack" means any unlawful conduct which endangers a person's life, bodily integrity or freedom.
253 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?
 
(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.
 
(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.
254 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.
 
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.
255 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.
 
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'''
256 Interpretation in Part XIV of Chapter XIV
+
 
 +
'''DEFENCE OF PROPERTY'''
 +
 
 +
'''256 Interpretation in Part XIV of Chapter XIV'''
 +
 
 
In this Part?
 
In this Part?
 +
 
"property" includes property of any description and any interest or right therein;
 
"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.
 
"unlawful attack" means any unlawful conduct which endangers or infringes a person's property.
257 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?
 
(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.
 
(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.
 
(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.
258 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 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
259 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.
 
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'''
260 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.
 
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'''
261 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?
 
(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.
 
(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.
 
(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'''
262 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.
 
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.
263 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?
 
(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.
 
(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.
264 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?
 
(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.
 
(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.
265 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.
 
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.
266 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.
 
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'''
267 Interpretation in Part XVIII of Chapter XIV
+
 
 +
'''OBEDIENCE TO ORDERS'''
 +
 
 +
'''267 Interpretation in Part XVIII of Chapter XIV'''
 +
 
 
In this Part?
 
In this Part?
 +
 
"active operations" means?
 
"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
"disciplined force" means?
+
 
(a) the Defence Forces;  or
+
(c) the suppression of a riot or public disturbance or public violence;  or
(b) the Police Force;  or
+
 
(c) the Prison Service;  or
+
(d) the prevention of a disturbance within or escape from a prison;
(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;
+
 
 +
"disciplined force" means?
 +
 
 +
(a) the Defence Forces;  or
 +
 
 +
(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?
 
"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", 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.
 
"member of rank", in relation to a disciplined force, means a member in lawful authority over any other member.
268 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?
 
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
269 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?
 
(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.
 
(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'''
270 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.
 
(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?
 
(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.
 
(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'''
271 Interpretation in Part XX of Chapter XIV
+
 
 +
'''UNAVOIDABLE ACCIDENT'''
 +
 
 +
'''271 Interpretation in Part XX of Chapter XIV'''
 +
 
 
In this Part?
 
In this Part?
 +
 
"unavoidable accident" means a circumstance or event such as?
 
"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;
272 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?
 
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.
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?
+
== 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.
 
if such are the facts proved.
274 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.
 
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.
275 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?
 
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?
 
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.
 
if such are the facts proved.
276 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.
 
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 ==
277 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?
 
(1)  In this section?
 +
 
"authorised person" means a person referred to in paragraph (b) of subsection (2) or paragraph (b) of subsection (4);
 
"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?
 
"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?
 
(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.
 
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:
 
(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.
 
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?
 
(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:
 
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?
 
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.
 
(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.
 
(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.
 +
 
(6)  This section shall not limit any other law which imposes criminal liability upon corporate bodies and associations and their directors, employees and members.
 
(6)  This section shall not limit any other law which imposes criminal liability upon corporate bodies and associations and their directors, employees and members.
278 Relation of criminal to civil or disciplinary proceedings
+
 
 +
'''278 Relation of criminal to civil or disciplinary proceedings'''
 +
 
 
(1)  In this section?
 
(1)  In this section?
 +
 
"disciplinary proceedings" means any proceedings for misconduct or breach of discipline against a public officer or member of a disciplined force or a statutory professional body, or against any other person for the discipline of whom provision is made by or under any enactment;
 
"disciplinary proceedings" means any proceedings for misconduct or breach of discipline against a public officer or member of a disciplined force or a statutory professional body, or against any other person for the discipline of whom provision is made by or under any enactment;
 +
 
"disciplined force" means?
 
"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;
 +
 
 
"public officer" has the meaning given to that term in section one hundred and sixty-nine.
 
"public officer" has the meaning given to that term in section one hundred and sixty-nine.
 +
 
(2)  A conviction or acquittal in respect of any crime shall not bar civil or disciplinary proceedings in relation to any conduct constituting the crime at the instance of any person who has suffered loss or injury in consequence of the conduct or at the instance of the relevant disciplinary authority, as the case may be.
 
(2)  A conviction or acquittal in respect of any crime shall not bar civil or disciplinary proceedings in relation to any conduct constituting the crime at the instance of any person who has suffered loss or injury in consequence of the conduct or at the instance of the relevant disciplinary authority, as the case may be.
 +
 
(3)  Civil or disciplinary proceedings in relation to any conduct that constitutes a crime may, without prejudice to the prosecution of any criminal proceedings in respect of the same conduct, be instituted at any time before or after the commencement of such criminal proceedings.
 
(3)  Civil or disciplinary proceedings in relation to any conduct that constitutes a crime may, without prejudice to the prosecution of any criminal proceedings in respect of the same conduct, be instituted at any time before or after the commencement of such criminal proceedings.
279 Concurrent and alternative charges
+
 
 +
'''279 Concurrent and alternative charges'''
 +
 
 
In this Code the use of the word?
 
In this Code the use of the word?
(a) "concurrently", whether in the phrase "concurrently or alternatively" or on its own in relation to the charging of a person with two or more crimes, means that the person may be charged with both or all of those crimes either conjunctively or, if for any reason whatsoever it is doubtful which of them he or she can be proved to have committed, in the alternative;
+
 
(b) "alternatively", whether in the phrase "concurrently or alternatively" or on its own in relation to the charging of a person with two or more crimes, means that the person may be charged?
+
(a) "concurrently", whether in the phrase "concurrently or alternatively" or on its own in relation to the charging of a person with two or more crimes, means that the person may be charged with both or all of those crimes either conjunctively or, if for any reason whatsoever it is doubtful which of them he or she can be proved to have committed, in the alternative;
(i) with one of those crimes to the exclusion of the other crime, or with any one or more of those crimes to the exclusion of any other crime;  or
+
 
(ii) with both or all of those crimes in the alternative, if for any reason whatsoever it is doubtful which of them he or she can be proved to have committed.
+
(b) "alternatively", whether in the phrase "concurrently or alternatively" or on its own in relation to the charging of a person with two or more crimes, means that the person may be charged?
280 Standard scale of fines and amendment thereof
+
 
 +
(i) with one of those crimes to the exclusion of the other crime, or with any one or more of those crimes to the exclusion of any other crime;  or
 +
 
 +
(ii) with both or all of those crimes in the alternative, if for any reason whatsoever it is doubtful which of them he or she can be proved to have committed.
 +
 
 +
'''280 Standard scale of fines and amendment thereof'''
 +
 
 
(1)  Where in this Code and any enactment it is provided that a person who is guilty of a crime is liable to a fine or a maximum fine by reference to a level on the standard scale, the amount of the fine or the maximum fine, as the case may be, that may be imposed shall be the monetary amount specified in the second column of the First Schedule opposite that level in the first column of the First Schedule.
 
(1)  Where in this Code and any enactment it is provided that a person who is guilty of a crime is liable to a fine or a maximum fine by reference to a level on the standard scale, the amount of the fine or the maximum fine, as the case may be, that may be imposed shall be the monetary amount specified in the second column of the First Schedule opposite that level in the first column of the First Schedule.
 +
  
(a) the reference shall be construed as a reference to the standard scale of fines;  and
+
 
(b) any fine or maximum fine so prescribed may be specified as a monetary amount or as a level on the standard scale of fines.
+
(a) the reference shall be construed as a reference to the standard scale of fines;  and
 +
 
 +
(b) any fine or maximum fine so prescribed may be specified as a monetary amount or as a level on the standard scale of fines.
 +
 
 
(3)  Where any enactment prescribes the jurisdiction of any court or judicial officer by reference to a level on the standard scale, the reference shall be construed as a reference to the standard scale of fines.
 
(3)  Where any enactment prescribes the jurisdiction of any court or judicial officer by reference to a level on the standard scale, the reference shall be construed as a reference to the standard scale of fines.
 +
 
(4)  Notwithstanding any other provision of this section, whenever a court imposes a sentence of a fine upon an offender, the court shall specify the monetary amount of the fine and shall not specify the fine by reference to a level on the standard scale of fines.
 
(4)  Notwithstanding any other provision of this section, whenever a court imposes a sentence of a fine upon an offender, the court shall specify the monetary amount of the fine and shall not specify the fine by reference to a level on the standard scale of fines.
 +
 
(5)  Subject to subsection (6), the Minister may, by statutory instrument, amend or replace the First Schedule, whenever the Minister considers such an amendment or replacement to be necessary as a result of a change in the purchasing-power of money or for any other reason:
 
(5)  Subject to subsection (6), the Minister may, by statutory instrument, amend or replace the First Schedule, whenever the Minister considers such an amendment or replacement to be necessary as a result of a change in the purchasing-power of money or for any other reason:
 +
 
Provided that?
 
Provided that?
(i) an increase in the monetary amount corresponding to any level in the standard scale of fines shall not have the effect of increasing the penalty to which any person is liable in respect of a crime committed before the increase came into effect;
+
 
(ii) a reduction in the monetary amount corresponding to any level in the standard scale of fines shall reduce the penalty to which any person is liable in respect of an offence committed before the reduction came into effect, if the penalty is imposed after that date.
+
(i) an increase in the monetary amount corresponding to any level in the standard scale of fines shall not have the effect of increasing the penalty to which any person is liable in respect of a crime committed before the increase came into effect;
 +
 
 +
(ii) a reduction in the monetary amount corresponding to any level in the standard scale of fines shall reduce the penalty to which any person is liable in respect of an offence committed before the reduction came into effect, if the penalty is imposed after that date.
 +
 
 
(6)  A statutory instrument may not be made in terms of subsection (5) unless a draft has been laid before and approved by resolution of Parliament.
 
(6)  A statutory instrument may not be made in terms of subsection (5) unless a draft has been laid before and approved by resolution of Parliament.
281 References in enactments to common law crimes
+
 
 +
'''281 References in enactments to common law crimes'''
 +
 
 
Any reference in an enactment to a common law crime specified in the first column of the Fifth Schedule shall be construed as a reference to the equivalent crime in this Code specified in the second column opposite thereto.
 
Any reference in an enactment to a common law crime specified in the first column of the Fifth Schedule shall be construed as a reference to the equivalent crime in this Code specified in the second column opposite thereto.
282 Amendment of Acts
+
 
 +
'''282 Amendment of Acts'''
 +
 
 
The Act specified in each Part of the Sixth Schedule is amended to the extent set out in that Part.
 
The Act specified in each Part of the Sixth Schedule is amended to the extent set out in that Part.
283 Repeals
+
 
 +
'''283 Repeals'''
 +
 
 
The Acts specified in the Seventh Schedule are repealed.
 
The Acts specified in the Seventh Schedule are repealed.
284 Savings
+
 
 +
'''284 Savings'''
 +
 
 
(1)  Subject to subsection (2), the repeal of the Roman-Dutch criminal law by section three shall not?
 
(1)  Subject to subsection (2), the repeal of the Roman-Dutch criminal law by section three shall not?
(a) affect the previous operation of that law or anything duly done or suffered under that law;  or
+
 
(b) affect any crime committed against that law before the fixed date, or any penalty, forfeiture or punishment incurred in respect thereof;  or
+
(a) affect the previous operation of that law or anything duly done or suffered under that law;  or
(c) affect any investigation, legal proceeding or remedy in respect of any crime, penalty, forfeiture or punishment referred to in paragraph (b), and any such investigation, legal proceeding or remedy shall be exercisable, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if that law had not been repealed.
+
 
 +
(b) affect any crime committed against that law before the fixed date, or any penalty, forfeiture or punishment incurred in respect thereof;  or
 +
 
 +
(c) affect any investigation, legal proceeding or remedy in respect of any crime, penalty, forfeiture or punishment referred to in paragraph (b), and any such investigation, legal proceeding or remedy shall be exercisable, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if that law had not been repealed.
 +
 
 
(2)  In the case of a trial commenced before the fixed date for a crime specified in the first column of the Fifth Schedule, the court shall not, after the fixed date, impose a sentence in excess of the maximum sentence imposable for the equivalent crime under this Code specified in the second column of the Fifth Schedule.
 
(2)  In the case of a trial commenced before the fixed date for a crime specified in the first column of the Fifth Schedule, the court shall not, after the fixed date, impose a sentence in excess of the maximum sentence imposable for the equivalent crime under this Code specified in the second column of the Fifth Schedule.
 +
 
(3)  For the avoidance of doubt it is declared that every crime in force in terms of any other enactment immediately before the fixed date shall continue in force on and after such date unless it is expressly repealed by this Code.
 
(3)  For the avoidance of doubt it is declared that every crime in force in terms of any other enactment immediately before the fixed date shall continue in force on and after such date unless it is expressly repealed by this Code.
  
FIRST SCHEDULE (Sections 2 (1) and 280)
+
== FIRST SCHEDULE (Sections 2 (1) and 280) ==
STANDARD SCALE OF FINES
+
 
Level Monetary Amount
+
===STANDARD SCALE OF FINES===
 +
 
 +
'''Level Monetary Amount'''
 +
 
 
$
 
$
 
1 10 000
 
1 10 000
 +
 
2 24 000
 
2 24 000
 +
 
3 50 000*
 
3 50 000*
 +
 
4 100 000
 
4 100 000
 +
 
5 200 000
 
5 200 000
 +
 
6 400 000
 
6 400 000
 +
 
7 800 000
 
7 800 000
 +
 
8 1 200 000
 
8 1 200 000
 +
 
9 1 500 000
 
9 1 500 000
 +
 
10 2 000 000
 
10 2 000 000
 +
 
11 2 500 000
 
11 2 500 000
 +
 
12 3 000 000
 
12 3 000 000
 +
 
13 4 000 000
 
13 4 000 000
 +
 
14 5 000 000
 
14 5 000 000
 +
 
*In the case of a deposit fine, the maximum monetary amount for this level shall be $25 000.
 
*In the case of a deposit fine, the maximum monetary amount for this level shall be $25 000.
SECOND SCHEDULE (Section 2 (2))
+
 
CORRESPONDENCE OF REFERENCES TO CRIMES IN CODE OR OTHER ENACTMENTS TO PROVISIONS OF CODE DEFINING SUCH CRIMES
+
== SECOND SCHEDULE (Section 2 (2)) ==
Crime Provision in Code defining it
+
 
 +
==='''CORRESPONDENCE OF REFERENCES TO CRIMES IN CODE OR OTHER ENACTMENTS TO PROVISIONS OF CODE DEFINING SUCH CRIMES'''===
 +
 
 +
'''Crime Provision in Code defining it'''
 +
 
 
Aggravated indecent assault Section 66
 
Aggravated indecent assault Section 66
 +
 
Allowing child to become a prostitute Section 87
 
Allowing child to become a prostitute Section 87
 +
 
Assault Section 89
 
Assault Section 89
 +
 
Assaulting, intimidating or threatening a person on an aircraft Section 149
 
Assaulting, intimidating or threatening a person on an aircraft Section 149
 +
 
Assaulting or resisting peace officer Section 176
 
Assaulting or resisting peace officer Section 176
 +
 
Bestiality Section 74
 
Bestiality Section 74
 +
 
Bigamy Section 104
 
Bigamy Section 104
 +
 
Bribery Section 170
 
Bribery Section 170
 +
 
Causing disaffection among Police Force or Defence Forces Section 30
 
Causing disaffection among Police Force or Defence Forces Section 30
 +
 
Causing offence to persons of a particular race, religion, etc. Section 42
 
Causing offence to persons of a particular race, religion, etc. Section 42
 +
 
Coercing or inducing a person for purpose of engaging in sexual conduct Section 84
 
Coercing or inducing a person for purpose of engaging in sexual conduct Section 84
 +
 
Concealing birth of child Section 106
 
Concealing birth of child Section 106
 +
 
Concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous drugs Section 160
 
Concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous drugs Section 160
 +
 
Concealing treason Section 21
 
Concealing treason Section 21
 +
 
Contempt of court Section 182
 
Contempt of court Section 182
 +
 
Corruptly concealing a transaction from a principal Section 172
 
Corruptly concealing a transaction from a principal Section 172
 +
 
Corruptly concealing from a principal a personal interest in a transaction Section 173
 
Corruptly concealing from a principal a personal interest in a transaction Section 173
 +
 
Corruptly using a false document Section 171
 
Corruptly using a false document Section 171
 +
 
Criminal abuse of duty as public officer Section 174
 
Criminal abuse of duty as public officer Section 174
 +
 
Criminal defamation Section 96
 
Criminal defamation Section 96
 +
 
Criminal insult Section 95
 
Criminal insult Section 95
 +
 
Criminal nuisance Section 46
 
Criminal nuisance Section 46
 +
 
Criminal trespass Section 132
 
Criminal trespass Section 132
 +
 
Culpable homicide Section 49
 
Culpable homicide Section 49
 +
 
Damaging, destroying or prejudicing the safe operation of an aircraft Section 148
 
Damaging, destroying or prejudicing the safe operation of an aircraft Section 148
 +
 
Dealing in or possession of prohibited knives Section 39
 
Dealing in or possession of prohibited knives Section 39
 +
 
Defeating or obstructing the course of justice Section 184
 
Defeating or obstructing the course of justice Section 184
 +
 
Deliberate infection of another with a sexually transmitted disease Section 78
 
Deliberate infection of another with a sexually transmitted disease Section 78
 +
 
Deliberate introduction of computer virus into computer or computer network Section 164
 
Deliberate introduction of computer virus into computer or computer network Section 164
 +
 
Deliberate transmission of HIV Section 79
 
Deliberate transmission of HIV Section 79
 +
 
Deliberately supplying false information to a public authority Section 180
 
Deliberately supplying false information to a public authority Section 180
 +
 
Detaining persons for purpose of engaging in unlawful sexual conduct Section 85
 
Detaining persons for purpose of engaging in unlawful sexual conduct Section 85
 +
 
Disorderly conduct in a public place Section 41
 
Disorderly conduct in a public place Section 41
 +
 
Disrupting a public gathering Section 44
 
Disrupting a public gathering Section 44
 +
 
Employing non-natural means to resolve crimes or delicts Section 100
 
Employing non-natural means to resolve crimes or delicts Section 100
 +
 
Engaging in practices commonly associated with witchcraft Section 98
 
Engaging in practices commonly associated with witchcraft Section 98
 +
 
Escaping from lawful custody Section 185
 
Escaping from lawful custody Section 185
 +
 
Exposing an infant Section 108
 
Exposing an infant Section 108
 +
 
Extortion Section 134
 
Extortion Section 134
 +
 
Falsely threatening harm in relation to an aircraft Section 152
 
Falsely threatening harm in relation to an aircraft Section 152
 +
 
Forgery Section 137
 
Forgery Section 137
 +
 
Fraud Section 136
 
Fraud Section 136
 +
 
Harbouring, concealing or failing to report insurgent, bandit, saboteur or terrorist Section 29
 
Harbouring, concealing or failing to report insurgent, bandit, saboteur or terrorist Section 29
 +
 
Hijacking Section 147
 
Hijacking Section 147
 +
 
Impersonating police officer, peace officer or public official Section 179
 
Impersonating police officer, peace officer or public official Section 179
 +
 
Inciting or assisting suicide Section 50
 
Inciting or assisting suicide Section 50
 +
 
Indecent assault Section 67
 
Indecent assault Section 67
 +
 
Indicating witches and wizards Section 99
 
Indicating witches and wizards Section 99
 +
 
Infanticide Section 48
 
Infanticide Section 48
 +
 
Insurgency, banditry, sabotage or terrorism Section 23
 
Insurgency, banditry, sabotage or terrorism Section 23
 +
 
Intimidation Section 45
 
Intimidation Section 45
 +
 
Kidnapping or unlawful detention Section 93
 
Kidnapping or unlawful detention Section 93
 +
 
Living off or facilitating prostitution Section 82
 
Living off or facilitating prostitution Section 82
 +
 
Making off without payment Section 117
 
Making off without payment Section 117
 +
 
Malicious damage to property Section 140
 
Malicious damage to property Section 140
 +
 
Murder Section 47
 
Murder Section 47
 +
 
Negligently causing serious bodily harm Section 90
 
Negligently causing serious bodily harm Section 90
 +
 
Negligently causing serious damage to property Section 141
 
Negligently causing serious damage to property Section 141
 +
 
Obstructing a public official Section 178
 
Obstructing a public official Section 178
 +
 
Obstructing or endangering free movement of persons or traffic Section 38
 
Obstructing or endangering free movement of persons or traffic Section 38
 +
 
Participating in gathering with intent to promote public violence, breaches of the peace or bigotry Section 37
 
Participating in gathering with intent to promote public violence, breaches of the peace or bigotry Section 37
 +
 
Perjury Section 183
 
Perjury Section 183
 +
 
Permitting premises to be used for the unlawful dealing in or use of dangerous drugs Section 159
 
Permitting premises to be used for the unlawful dealing in or use of dangerous drugs Section 159
 +
 
Permitting young person to resort to place for purpose of engaging in unlawful sexual conduct Section 86
 
Permitting young person to resort to place for purpose of engaging in unlawful sexual conduct Section 86
 +
 
Placing or carrying dangerous goods on an aircraft Section 150
 
Placing or carrying dangerous goods on an aircraft Section 150
 +
 
Pledging a female person Section 94
 
Pledging a female person Section 94
 +
 
Possessing property reasonably suspected of being stolen Section 125
 
Possessing property reasonably suspected of being stolen Section 125
 +
 
Possessing weaponry for insurgency, banditry, sabotage or terrorism Section 27
 
Possessing weaponry for insurgency, banditry, sabotage or terrorism Section 27
 +
 
Possessing an article for criminal use Section 40
 
Possessing an article for criminal use Section 40
 +
 
Possessing a dangerous weapon Section 28
 
Possessing a dangerous weapon Section 28
 +
 
Possessing an offensive weapon at a public gathering Section 43
 
Possessing an offensive weapon at a public gathering Section 43
 +
 
Procuring Section 83
 
Procuring Section 83
 +
 
Public indecency Section 77
 
Public indecency Section 77
 +
 
Public violence Section 36
 
Public violence Section 36
 +
 
Publishing or communicating false statements prejudicial to the State Section 31
 
Publishing or communicating false statements prejudicial to the State Section 31
 +
 
Rape Section 65
 
Rape Section 65
 +
 
Receiving stolen property knowing it to have been stolen Section 124
 
Receiving stolen property knowing it to have been stolen Section 124
 +
 
Recruiting or training insurgents, bandits, saboteurs or terrorists Section 24
 
Recruiting or training insurgents, bandits, saboteurs or terrorists Section 24
 +
 
Robbery Section 126
 
Robbery Section 126
 +
 
Sexual intercourse or performing an indecent act with a young person Section 70
 
Sexual intercourse or performing an indecent act with a young person Section 70
 +
 
Sexual intercourse within a prohibited degree of relationship Section 75
 
Sexual intercourse within a prohibited degree of relationship Section 75
 +
 
Sodomy Section 73
 
Sodomy Section 73
 +
 
Soliciting Section 81
 
Soliciting Section 81
 +
 
Stock theft Section 114
 
Stock theft Section 114
 +
 
Subverting constitutional government Section 22
 
Subverting constitutional government Section 22
 +
 
Supplying weaponry to insurgents, bandits, saboteurs or terrorists Section 26
 
Supplying weaponry to insurgents, bandits, saboteurs or terrorists Section 26
 +
 
Theft Section 113
 
Theft Section 113
 +
 
Threatening harm in relation to an aircraft Section 151
 
Threatening harm in relation to an aircraft Section 151
 +
 
Training as insurgent, bandit, saboteur or terrorist Section 25
 
Training as insurgent, bandit, saboteur or terrorist Section 25
 +
 
Treason Section 20
 
Treason Section 20
 +
 
Unauthorised access to or use of computer or computer network Section 163
 
Unauthorised access to or use of computer or computer network Section 163
 +
 
Unauthorised borrowing or use of property Section 116
 
Unauthorised borrowing or use of property Section 116
 +
 
Unauthorised manipulation of proposed computer programme Section 165
 
Unauthorised manipulation of proposed computer programme Section 165
 +
 
Unauthorised use of password or pin number Section 168
 
Unauthorised use of password or pin number Section 168
 +
 
Unauthorised use or possession of credit or debit cards Section 167
 
Unauthorised use or possession of credit or debit cards Section 167
 +
 
Undermining authority of or insulting President Section 33
 
Undermining authority of or insulting President Section 33
 +
 
Undermining police authority Section 177
 
Undermining police authority Section 177
 +
 
Unlawful dealing in dangerous drugs Section 156
 
Unlawful dealing in dangerous drugs Section 156
 +
 
Unlawful possession or use of dangerous drugs Section 157
 
Unlawful possession or use of dangerous drugs Section 157
 +
 
Unlawful possession or wearing of camouflage uniforms Section 32
 
Unlawful possession or wearing of camouflage uniforms Section 32
 +
 
Unlawful termination of pregnancy Section 60
 
Unlawful termination of pregnancy Section 60
 +
 
Unlawful entry into premises Section 131
 
Unlawful entry into premises Section 131
 +
 
Violating corpses Section 111
 
Violating corpses Section 111
 +
 
Violating graves Section 110
 
Violating graves Section 110
 +
 
Voluntary intoxication leading to unlawful conduct Section 222
 
Voluntary intoxication leading to unlawful conduct Section 222
THIRD SCHEDULE (Section 46)
+
 
ACTS CONSTITUTING CRIMINAL NUISANCE
+
 
Interpretation in Third Schedule
+
== THIRD SCHEDULE (Section 46) ==
 +
 
 +
===ACTS CONSTITUTING CRIMINAL NUISANCE===
 +
 
 +
'''Interpretation in Third Schedule'''
 +
 
 
1. In paragraph 2?
 
1. In paragraph 2?
 +
 
"appropriate authority" means?
 
"appropriate authority" means?
(a) in the case of a public place situated within the area under the jurisdiction of a municipal council or town council, such municipal council or town council, as the case may be;
+
 
(b) in the case of a public place situated within a local government area, the local board;
+
(a) in the case of a public place situated within the area under the jurisdiction of a municipal council or town council, such municipal council or town council, as the case may be;
(c) in the case of a public place situated within the area under the jurisdiction of a rural district council, such rural district council;
+
 
(d) in the case of a public place situated within an area not mentioned in paragraph (a), (b) or (c), the person or body of persons having the control or the management of such area or, if there is no such person or body of persons, the district administrator.
+
(b) in the case of a public place situated within a local government area, the local board;
Acts constituting criminal nuisance
+
 
 +
(c) in the case of a public place situated within the area under the jurisdiction of a rural district council, such rural district council;
 +
 
 +
(d) in the case of a public place situated within an area not mentioned in paragraph (a), (b) or (c), the person or body of persons having the control or the management of such area or, if there is no such person or body of persons, the district administrator.
 +
 
 +
'''Acts constituting criminal nuisance'''
 +
 
 
2. Any person who?
 
2. Any person who?
(a) wantonly or mischievously?
 
(i) rings any bell;  or
 
(ii) makes any noise or disturbance or plays any musical instrument or wireless in a public place;  or
 
(iii) knocks at doors;  or
 
(iv) throws any property from any place;  or
 
(v) removes any property from any place;  or
 
(vi) dislodges or disfigures any property;  or
 
(vii) gives a false alarm of fire;  or
 
(viii) does any act of a like nature;
 
(b) wantonly or mischievously provokes any animal;
 
(c) without the permission of the appropriate authority, makes a fire or lets off fireworks manufactured for the purpose of amusement, in a public place;
 
(d) rides or drives any animal upon any pavement;
 
(e) throws or deposits any refuse or inflammatory material in or upon a public place or in or upon any other place which has not been set aside for that purpose by the appropriate authority;
 
(f) encumbers or obstructs the free passage along any street, road, thoroughfare, sidewalk or pavement;
 
(g) allows any refuse, excrement or other offensive material to be spilt or thrown into or on a public place;
 
(h) cuts down, removes, destroys or injures any wood, tree or shrub without the permission of the owner or occupier of the land upon which such wood, tree or shrub is situated, or, in the case of any wood, tree or shrub situated in or upon a public place, the permission of the appropriate authority;
 
(i) rides or drives any animal in or through a public place in a manner dangerous to the public;
 
(j) discharges any firearm, air-pistol, air-rifle or air-gun in or upon a public place unless such weapon is discharged in self-defence, for humane reasons or in circumstances in which such discharge is justified under any law;
 
(k) fires any explosive in or upon a public place without the permission of the appropriate authority;
 
(l) drives or leaves any vehicle drawn by oxen in any public street or thoroughfare without a person at the head of such oxen or leaves any vehicle drawn by horses, donkeys or mules standing in any street or thoroughfare without a person at the head of such horses, donkeys or mules;
 
(m) shouts or screams in a public place to the annoyance of the public;
 
(n) places any placard or other document, writing or painting on, or otherwise defaces any house, building, wall, fence, lamp-post, gate or elevator without the consent of the owner or occupier thereof;
 
(o) fails or neglects to take such steps as may be necessary to prevent the creation on property owned, leased or occupied by him or her, of a nuisance by offensive smell or otherwise;
 
(p) flies a kite or model aeroplane or plays any game in a public place to the annoyance of the public;
 
(q) skates in or upon any street, road, thoroughfare, sidewalk or pavement;
 
(r) allows to be at large any unmuzzled ferocious dog;
 
(s) slaughters or skins any animal or knowingly leaves any dead animal in or upon a public place;
 
(t) plays or bets in any street, road, thoroughfare or other open place or public place at or with any table or instrument of gaming or pretended game of chance, or is present at a gathering where such gambling is in progress:
 
Provided that nothing in this paragraph shall be construed as prohibiting the playing or betting at any entertainment if authority for the conduct of such gaming or game of chance has been granted in terms of the Lotteries and Gaming Act [Chapter 10:26];
 
(u) subject to any other enactment, sets, urges or permits any dog or other animal to pursue any vehicle;
 
(v) employs any means whatsoever which are likely materially to interfere with the ordinary comfort, convenience, peace or quiet of the public or any section of the public, or does any act which is likely to create a nuisance or obstruction;
 
shall be guilty of criminal nuisance.
 
  
FOURTH SCHEDULE (Section 275)
+
(a) wantonly or mischievously?
PERMISSIBLE VERDICTS
+
 
Section and Crime Charged Permissible Verdict
+
(i) rings any bell;  or
20 Treason (a) Attempted murder;
+
 
(b) Concealing treason;
+
(ii) makes any noise or disturbance or plays any musical instrument or wireless in a public place; or
(c) Subverting constitutional government;
+
 
(d) Insurgency, banditry, sabotage or terrorism;
+
(iii) knocks at doors; or
(e) Possessing weaponry for insurgency, banditry, sabotage or terrorism;
+
 
(f) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (e).
+
(iv) throws any property from any place; or
21 Concealing treason Harbouring, concealing or failing to report insurgent, bandit, saboteur or terrorist.
+
 
22 Subverting constitutional government Causing disaffection among Police Force or Defence Forces.
+
(v) removes any property from any place;  or
23 Insurgency, banditry, sabotage or terrorism (a) Possessing weaponry for insurgency, banditry, sabotage or terrorism;
+
 
(b) Recruiting or training insurgents, bandits, saboteurs or terrorists;
+
(vi) dislodges or disfigures any property; or
(c)_ Hijacking;
+
 
(d) Attempted murder;
+
(vii) gives a false alarm of fire;  or
(e) Rape;
+
 
(f) Robbery;
+
(viii) does any act of a like nature;
(g) Malicious damage to property;
+
 
(h) Public violence;
+
(b) wantonly or mischievously provokes any animal;
(i) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) to (h).
+
 
24 Recruiting or training insurgents, bandits, saboteurs or terrorists (a) Training as insurgent, bandit, saboteur or terrorist;
+
(c) without the permission of the appropriate authority, makes a fire or lets off fireworks manufactured for the purpose of amusement, in a public place;
(b) Supplying weaponry to insurgents, bandits, saboteurs or terrorists;
+
 
(c) Harbouring, concealing or failing to report insurgent, bandit, saboteur or terrorist;
+
(d) rides or drives any animal upon any pavement;
(d) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (c).
+
 
25 Training as insurgent, bandit, saboteur or terrorist (a) Recruiting or training insurgents, bandits, saboteurs or terrorists;
+
(e) throws or deposits any refuse or inflammatory material in or upon a public place or in or upon any other place which has not been set aside for that purpose by the appropriate authority;
(b) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a).
+
 
26 Supplying weaponry to insurgents, bandits, saboteurs or terrorists (a) Possessing weaponry for insurgency, banditry, sabotage or terrorism;
+
(f) encumbers or obstructs the free passage along any street, road, thoroughfare, sidewalk or pavement;
(b) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a).
+
 
27 Possessing weaponry for insurgency, banditry, sabotage or terrorism (a) Supplying weaponry to insurgents, bandits, saboteurs or terrorists;
+
(g) allows any refuse, excrement or other offensive material to be spilt or thrown into or on a public place;
(b) Possessing dangerous weapons;
+
 
(c) Possessing firearms or ammunition without a certificate in contravention of section 4 of the Firearms Act [Chapter 10:09;]
+
(h) cuts down, removes, destroys or injures any wood, tree or shrub without the permission of the owner or occupier of the land upon which such wood, tree or shrub is situated, or, in the case of any wood, tree or shrub situated in or upon a public place, the permission of the appropriate authority;
(d) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (c).
+
 
28 Harbouring, concealing or failing to report insurgent, bandit, saboteur or terrorist (a) Defeating or obstructing the course of justice;
+
(i) rides or drives any animal in or through a public place in a manner dangerous to the public;
(b) Assisting the perpetrator of a crime;
+
 
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
+
(j) discharges any firearm, air-pistol, air-rifle or air-gun in or upon a public place unless such weapon is discharged in self-defence, for humane reasons or in circumstances in which such discharge is justified under any law;
31 Publishing or communicating false statements prejudicial to the State (a) Incitement to commit murder;
+
 
(b) Criminal defamation;
+
(k) fires any explosive in or upon a public place without the permission of the appropriate authority;
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
+
 
36 Public violence (a) Attempted murder;
+
(l) drives or leaves any vehicle drawn by oxen in any public street or thoroughfare without a person at the head of such oxen or leaves any vehicle drawn by horses, donkeys or mules standing in any street or thoroughfare without a person at the head of such horses, donkeys or mules;
(b) Robbery;
+
 
(c) Malicious damage to property;
+
(m) shouts or screams in a public place to the annoyance of the public;
(d) Disrupting a public gathering;
+
 
(e) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (e).
+
(n) places any placard or other document, writing or painting on, or otherwise defaces any house, building, wall, fence, lamp-post, gate or elevator without the consent of the owner or occupier thereof;
47 Murder (a) Infanticide;
+
 
(b) Culpable homicide;
+
(o) fails or neglects to take such steps as may be necessary to prevent the creation on property owned, leased or occupied by him or her, of a nuisance by offensive smell or otherwise;
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
+
 
47 Attempted murder Assault
+
(p) flies a kite or model aeroplane or plays any game in a public place to the annoyance of the public;
48 Infanticide (a) Culpable homicide;
+
 
(b) Unlawful termination of pregnancy;
+
(q) skates in or upon any street, road, thoroughfare, sidewalk or pavement;
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
+
 
49 Culpable homicide (a) Inciting suicide;
+
(r) allows to be at large any unmuzzled ferocious dog;
(b) Rape;
+
 
(c) Public violence;
+
(s) slaughters or skins any animal or knowingly leaves any dead animal in or upon a public place;
(d) Unlawful termination of pregnancy;
+
 
(e) Assault;
+
(t) plays or bets in any street, road, thoroughfare or other open place or public place at or with any table or instrument of gaming or pretended game of chance, or is present at a gathering where such gambling is in progress:
(f) Threatening to commit murder;
+
 
(g) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (f)
+
Provided that nothing in this paragraph shall be construed as prohibiting the playing or betting at any entertainment if authority for the conduct of such gaming or game of chance has been granted in terms of the Lotteries and Gaming Act [Chapter 10:26];
50 Inciting or assisting suicide (a) Attempted murder;
+
 
(b) Culpable homicide;
+
(u) subject to any other enactment, sets, urges or permits any dog or other animal to pursue any vehicle;
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
+
 
60 Unlawful termination of pregnancy (a) Assault;
+
(v) employs any means whatsoever which are likely materially to interfere with the ordinary comfort, convenience, peace or quiet of the public or any section of the public, or does any act which is likely to create a nuisance or obstruction;
(b) Indecent assault;
+
 
(c) Concealing birth of child;
+
shall be guilty of criminal nuisance.
(d) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (c).
+
 
65 Rape (a) Aggravated indecent assault;
+
== FOURTH SCHEDULE (Section 275) ==
(b) Indecent assault;
+
 
(c) Sexual intercourse with or indecent assault of young person;
+
===PERMISSIBLE VERDICTS===
(d) Sexual intercourse within a prohibited degree of relationship;
+
 
(e) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (d).
+
'''Section and Crime Charged Permissible Verdict'''
65 Attempted rape (a) Assault;
+
 
(b) Indecent assault;
+
20 Treason (a) Attempted murder;
66 Aggravated indecent assault Indecent assault
+
 
67 Indecent assault (a) Sexual intercourse with or performing an indecent act with a young person;
+
(b) Concealing treason;
(b) Criminal insult;
+
 
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a).
+
(c) Subverting constitutional government;
70 Sexual intercourse or performing an indecent act with a young person (a) Indecent assault;
+
 
(b) Sexual intercourse within a prohibited degree of relationship;
+
(d) Insurgency, banditry, sabotage or terrorism;
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
+
 
73 Sodomy (a) Indecent assault;
+
(e) Possessing weaponry for insurgency, banditry, sabotage or terrorism;
(b) Any crime of which a person might be convicted if he or she were charged with indecent assault.
+
 
75 Sexual intercourse within a prohibited degree of relationship (a) Indecent assault;
+
(f) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (e).
(b) Sexual intercourse or performing an indecent act with a young person;
+
 
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
+
21 Concealing treason Harbouring, concealing or failing to report insurgent, bandit, saboteur or terrorist.
82 Living off or facilitating prostitution (a) Soliciting;
+
 
(b) Procuring;
+
22 Subverting constitutional government Causing disaffection among Police Force or Defence Forces.
(c) Detaining a person for purpose of engaging in unlawful sexual conduct;
+
 
 +
23 Insurgency, banditry, sabotage or terrorism (a) Possessing weaponry for insurgency, banditry, sabotage or terrorism;
 +
 
 +
(b) Recruiting or training insurgents, bandits, saboteurs or terrorists;
 +
 
 +
(c)_ Hijacking;
 +
 
 +
(d) Attempted murder;
 +
 
 +
(e) Rape;
 +
 
 +
(f) Robbery;
 +
 
 +
(g) Malicious damage to property;
 +
 
 +
(h) Public violence;
 +
 
 +
(i) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) to (h).
 +
 
 +
24 Recruiting or training insurgents, bandits, saboteurs or terrorists (a) Training as insurgent, bandit, saboteur or terrorist;
 +
 
 +
(b) Supplying weaponry to insurgents, bandits, saboteurs or terrorists;
 +
 
 +
(c) Harbouring, concealing or failing to report insurgent, bandit, saboteur or terrorist;
 +
 
 
(d) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (c).
 
(d) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (c).
86 Permitting young person to resort to place for purpose of engaging in unlawful sexual conduct (a) Living off or facilitating prostitution;
+
 
(b) Detaining person for purpose of engaging in unlawful sexual conduct;
+
25 Training as insurgent, bandit, saboteur or terrorist (a) Recruiting or training insurgents, bandits, saboteurs or terrorists;
 +
 
 +
(b) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a).
 +
 
 +
26 Supplying weaponry to insurgents, bandits, saboteurs or terrorists (a) Possessing weaponry for insurgency, banditry, sabotage or terrorism;
 +
 
 +
(b) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a).
 +
 
 +
27 Possessing weaponry for insurgency, banditry, sabotage or terrorism (a) Supplying weaponry to insurgents, bandits, saboteurs or terrorists;
 +
 
 +
(b) Possessing dangerous weapons;
 +
 
 +
(c) Possessing firearms or ammunition without a certificate in contravention of section 4 of the Firearms Act [Chapter 10:09;]
 +
 
 +
(d) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (c).
 +
 
 +
28 Harbouring, concealing or failing to report insurgent, bandit, saboteur or terrorist (a) Defeating or obstructing the course of justice;
 +
 
 +
(b) Assisting the perpetrator of a crime;
 +
 
 +
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
 +
 
 +
31 Publishing or communicating false statements prejudicial to the State (a) Incitement to commit murder;
 +
 
 +
(b) Criminal defamation;
 +
 
 
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
 
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
89 Assault (a) Negligently causing serious bodily harm;
+
 
(b) Disorderly conduct in public place;
+
36 Public violence (a) Attempted murder;
(c) Possessing a dangerous weapon;
+
 
(d) Dealing in or possession of prohibited knives.
+
(b) Robbery;
(e) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (d).
+
 
93 Kidnapping or unlawful detention of a child Kidnapping or unlawful detention of an adult
+
(c) Malicious damage to property;
93 Kidnapping or unlawful detention of an adult Kidnapping or unlawful detention of a child
+
 
99 Indicating witches and wizards Using non- natural means to resolve crimes or delicts
+
(d) Disrupting a public gathering;
113 Theft (a) Unauthorised borrowing or use of property;
+
 
(b) Making off without payment;
+
(e) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (e).
(c) Receiving stolen property knowing it to have been stolen;
+
 
(d) Malicious damage to property;
+
47 Murder (a) Infanticide;
(e) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (d).
+
 
116 Unauthorised borrowing or use of property (a) Getting on to or interfering with or driving or riding a vehicle in contravention of section 57 of the Road Traffic Act [Chapter 13:11];
+
(b) Culpable homicide;
(b) Taking or retaining hold of or boarding a vehicle or trailer in contravention of section 58 of the Road Traffic Act [Chapter 13:11].
+
 
117 Making off without payment (a) Theft;
+
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
(b) Unauthorised borrowing or use of property;
+
 
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b)
+
47 Attempted murder Assault
124 Receiving stolen property knowing it to have been stolen Theft;
+
 
Unauthorised borrowing or use of property;
+
48 Infanticide (a) Culpable homicide;
Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
+
 
125 Possessing property reasonably suspected of having been stolen (a) Unauthorised borrowing or use of property;
+
(b) Unlawful termination of pregnancy;
(b) Getting on to or interfering with or driving or riding a vehicle in contravention of section 57 of the Road Traffic Act [Chapter 13:11];
+
 
(c) Taking or retaining hold of or boarding a vehicle or trailer in contravention of section 58 of the Road Traffic Act [Chapter 13:11].
+
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
126 Robbery (a) Assault;
+
 
(b) Threatening to commit murder;
+
49 Culpable homicide (a) Inciting suicide;
(c) Theft;
+
 
(d) Making off without payment;
+
(b) Rape;
(e) Extortion;
+
 
(f) Malicious damage to property;
+
(c) Public violence;
(g) Assault and theft;
+
 
(h) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (g).
+
(d) Unlawful termination of pregnancy;
131 Unlawful entry into premises (a) Criminal trespass;
+
 
(b) Any crime of which a person might be convicted if he or she were charged with criminal trespass.
+
(e) Assault;
132 Criminal trespass (a) Possessing an article for criminal use;
+
 
(b) Malicious damage to property.
+
(f) Threatening to commit murder;
134 Extortion (a) Attempted murder;
+
 
(b) Assault;
+
(g) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (f)
(c) Theft;
+
 
(d) Malicious damage to property;
+
50 Inciting or assisting suicide (a) Attempted murder;
(e) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (d).
+
 
136 Fraud (a) Theft;
+
(b) Culpable homicide;
(b) Any crime which is shown to have been committed by the person charged if it is established that his or her alleged misrepresentation was true;
+
 
(c) Any crime of which a person might be convicted if he or she were charged with theft.
 
147 Hijacking (a) Attempted murder;
 
(b) Kidnapping or unlawful detention;
 
(c) Robbery;
 
(d) Damaging destroying or prejudicing the safe operation of an aircraft;
 
(e) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (d).
 
148 Damaging destroying or prejudicing the safe operation of an aircraft (a) Placing or carrying dangerous goods on an aircraft;
 
(b) Malicious damage to property;
 
 
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
 
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
149 Assaulting, intimidating or threatening a person on an aircraft (a) Placing or carrying dangerous goods on an aircraft;
+
 
(b) Assault;
+
60 Unlawful termination of pregnancy (a) Assault;
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
+
 
150 Placing or carrying dangerous goods on an aircraft (a) Threatening harm in relation to an aircraft;
+
(b) Indecent assault;
(b) Possessing or using a firearm or explosives in contravention of any enactment.
+
 
151 Threatening harm in relation to an aircraft (a) Threatening to commit murder;
+
(c) Concealing birth of child;
(b) Extortion;
+
 
(c) Attempted malicious damage to property;
+
(d) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (c).
(d) Falsely threatening harm in relation to an aircraft;
+
 
 +
65 Rape (a) Aggravated indecent assault;
 +
 
 +
(b) Indecent assault;
 +
 
 +
(c) Sexual intercourse with or indecent assault of young person;
 +
 
 +
(d) Sexual intercourse within a prohibited degree of relationship;
 +
 
 
(e) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (d).
 
(e) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (d).
170 Bribery (a) Corruptly using a false document;
 
(b) Corruptly concealing a transaction from a principal;
 
(c) Corruptly concealing from a principal a personal interest in a transaction;
 
(d) Criminal abuse of duty as a public officer;
 
(e) Extortion;
 
(f) Theft.
 
171 Corruptly using a false document (a) Bribery;
 
(b) Any crime of which a person might be convicted if he or she were charged with bribery.
 
172 Corruptly concealing a transaction from a principal (a)_ Bribery;
 
(b) Any crime of which a person might be convicted if he or she were charged with bribery.
 
173 Corruptly concealing from a principal a personal interest in a transaction (a) Bribery;
 
(b) Any crime of which a person might be convicted if he or she were charged with bribery.
 
174 Criminal abuse of duty as a public officer (a) Bribery;
 
(b) Theft;
 
(c) Extortion;
 
(d) Any crime of which a person might be convicted if he or she were charged with bribery.
 
FIFTH SCHEDULE (Sections 281 and 284 (2))
 
CORRESPONDENCE OF COMMON LAW CRIMES WITH CODIFIED CRIMES
 
Common law crime Corresponding crime in Code
 
Abduction Kidnapping or unlawful detention
 
Abortion Unlawful termination of pregnancy
 
Administering a poisonous or noxious substance Assault
 
Arson Malicious damage to property
 
Assault with intent to inflict grievous bodily harm Assault
 
Bestiality Bestiality
 
Bigamy Bigamy
 
Blasphemy Causing offence to persons of a particular race, religion, etc.
 
Bribery Bribery
 
Common assault Assault
 
Compounding Defeating or obstructing the course of justice
 
Contempt of court Contempt of court
 
Crimen injuria Criminal insult
 
Criminal defamation Criminal defamation
 
Culpable homicide Culpable homicide
 
Defeating or obstructing the course of justice Defeating or obstructing the course of justice
 
Exposing an infant Exposing an infant
 
Extortion Extortion
 
Forgery Forgery
 
Fraud Fraud
 
Housebreaking with intent to commit a crime Unlawful entry into premises
 
Incest Sexual intercourse within a prohibited degree of relationship
 
Indecent assault Aggravated indecent assault
 
Indecent assault
 
Kidnapping Kidnapping or unlawful detention
 
Malicious injury to property Malicious damage to property
 
Murder Murder
 
Infanticide
 
Offence against nature (unnatural offence) Sodomy
 
Perjury Perjury
 
Public indecency Public indecency
 
Public violence Public violence
 
Rape Rape
 
Receiving stolen property knowing it to be stolen Receiving stolen property knowing it to have been stolen
 
Robbery Robbery
 
Sedition Subverting constitutional government
 
Public violence
 
Sodomy Sodomy
 
Subornation of perjury Incitement of or being an accomplice to perjury
 
Theft Theft
 
Stock theft
 
Theft by false pretences Theft
 
Treason Treason
 
Concealing treason
 
Uttering Fraud
 
Violating a dead body Violating corpses
 
Violating a grave Violating graves
 
  
SIXTH SCHEDULE (Section 282)
+
65 Attempted rape (a) Assault;
AMENDMENT OF VARIOUS ACTS
+
 
PART I
+
(b) Indecent assault;
INTERPRETATION ACT [CHAPTER 1:01]
+
 
In subsection (3) of
+
66 Aggravated indecent assault Indecent assault
 +
 
 +
67 Indecent assault (a) Sexual intercourse with or performing an indecent act with a young person;
 +
 
 +
(b) Criminal insult;
 +
 
 +
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a).
 +
 
 +
70 Sexual intercourse or performing an indecent act with a young person (a) Indecent assault;
 +
 
 +
(b) Sexual intercourse within a prohibited degree of relationship;
 +
 
 +
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
 +
 
 +
73 Sodomy (a) Indecent assault;
 +
 
 +
(b) Any crime of which a person might be convicted if he or she were charged with indecent assault.
 +
 
 +
75 Sexual intercourse within a prohibited degree of relationship (a) Indecent assault;
 +
 
 +
(b) Sexual intercourse or performing an indecent act with a young person;
 +
 
 +
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
 +
 
 +
82 Living off or facilitating prostitution (a) Soliciting;
 +
 
 +
(b) Procuring;
 +
 
 +
(c) Detaining a person for purpose of engaging in unlawful sexual conduct;
 +
 
 +
(d) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (c).
 +
 
 +
86 Permitting young person to resort to place for purpose of engaging in unlawful sexual conduct (a) Living off or facilitating prostitution;
 +
 
 +
(b) Detaining person for purpose of engaging in unlawful sexual conduct;
 +
 
 +
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
 +
 
 +
89 Assault (a) Negligently causing serious bodily harm;
 +
 
 +
(b) Disorderly conduct in public place;
 +
 
 +
(c) Possessing a dangerous weapon;
 +
 
 +
(d) Dealing in or possession of prohibited knives.
 +
 
 +
(e) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (d).
 +
 
 +
93 Kidnapping or unlawful detention of a child Kidnapping or unlawful detention of an adult
  
+
93 Kidnapping or unlawful detention of an adult Kidnapping or unlawful detention of a child
" "Criminal Law Code" means the Criminal Law (Codification and Reform) Act [Chapter 9:23];";
+
 
(b) in the definition of "standard scale" by the deletion of "section 346A of the Criminal Procedure and Evidence Act [Chapter 9:07]" and the substitution of "section 280 of the Criminal Law Code".
+
99 Indicating witches and wizards Using non- natural means to resolve crimes or delicts
PART II
+
 
BURIAL AND CREMATION ACT [CHAPTER 5:03]
+
113 Theft (a) Unauthorised borrowing or use of property;
By the repeal of section 8.
+
 
PART III
+
(b) Making off without payment;
CUSTOMARY MARRIAGES ACT [CHAPTER 5:07]
+
 
1. In section 11 by the repeal of subsection (2).
+
(c) Receiving stolen property knowing it to have been stolen;
+
 
"15A Legality of marriages between persons within certain degrees
+
(d) Malicious damage to property;
 +
 
 +
(e) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (d).
 +
 
 +
116 Unauthorised borrowing or use of property (a) Getting on to or interfering with or driving or riding a vehicle in contravention of section 57 of the Road Traffic Act [Chapter 13:11];
 +
 
 +
(b) Taking or retaining hold of or boarding a vehicle or trailer in contravention of section 58 of the Road Traffic Act [Chapter 13:11].
 +
 
 +
117 Making off without payment (a) Theft;
 +
 
 +
(b) Unauthorised borrowing or use of property;
 +
 
 +
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b)
 +
 
 +
124 Receiving stolen property knowing it to have been stolen Theft;
 +
 
 +
Unauthorised borrowing or use of property;
 +
 
 +
Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
 +
 
 +
125 Possessing property reasonably suspected of having been stolen (a) Unauthorised borrowing or use of property;
 +
 
 +
(b) Getting on to or interfering with or driving or riding a vehicle in contravention of section 57 of the Road Traffic Act [Chapter 13:11];
 +
 
 +
(c) Taking or retaining hold of or boarding a vehicle or trailer in contravention of section 58 of the Road Traffic Act [Chapter 13:11].
 +
 
 +
126 Robbery (a) Assault;
 +
 
 +
(b) Threatening to commit murder;
 +
 
 +
(c) Theft;
 +
 
 +
(d) Making off without payment;
 +
 
 +
(e) Extortion;
 +
 
 +
(f) Malicious damage to property;
 +
 
 +
(g) Assault and theft;
 +
 
 +
(h) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (g).
 +
 
 +
131 Unlawful entry into premises (a) Criminal trespass;
 +
 
 +
(b) Any crime of which a person might be convicted if he or she were charged with criminal trespass.
 +
 
 +
132 Criminal trespass (a) Possessing an article for criminal use;
 +
 
 +
(b) Malicious damage to property.
 +
 
 +
134 Extortion (a) Attempted murder;
 +
 
 +
(b) Assault;
 +
 
 +
(c) Theft;
 +
 
 +
(d) Malicious damage to property;
 +
 
 +
(e) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (d).
 +
 
 +
136 Fraud (a) Theft;
 +
 
 +
(b) Any crime which is shown to have been committed by the person charged if it is established that his or her alleged misrepresentation was true;
 +
 
 +
(c) Any crime of which a person might be convicted if he or she were charged with theft.
 +
 
 +
147 Hijacking (a) Attempted murder;
 +
 
 +
(b) Kidnapping or unlawful detention;
 +
 
 +
(c) Robbery;
 +
 
 +
(d) Damaging destroying or prejudicing the safe operation of an aircraft;
 +
 
 +
(e) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (d).
 +
 
 +
148 Damaging destroying or prejudicing the safe operation of an aircraft (a) Placing or carrying dangerous goods on an aircraft;
 +
 
 +
(b) Malicious damage to property;
 +
 
 +
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
 +
 
 +
149 Assaulting, intimidating or threatening a person on an aircraft (a) Placing or carrying dangerous goods on an aircraft;
 +
 
 +
(b) Assault;
 +
 
 +
(c) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraph (a) or (b).
 +
 
 +
150 Placing or carrying dangerous goods on an aircraft (a) Threatening harm in relation to an aircraft;
 +
 
 +
(b) Possessing or using a firearm or explosives in contravention of any enactment.
 +
 
 +
151 Threatening harm in relation to an aircraft (a) Threatening to commit murder;
 +
 
 +
(b) Extortion;
 +
 
 +
(c) Attempted malicious damage to property;
 +
 
 +
(d) Falsely threatening harm in relation to an aircraft;
 +
 
 +
(e) Any crime of which a person might be convicted if he or she were charged with a crime specified in paragraphs (a) to (d).
 +
 
 +
170 Bribery (a) Corruptly using a false document;
 +
 
 +
(b) Corruptly concealing a transaction from a principal;
 +
 
 +
(c) Corruptly concealing from a principal a personal interest in a transaction;
 +
 
 +
(d) Criminal abuse of duty as
  
"NINTH SCHEDULE (Sections 25 (1) (a) and 32)
 
OFFENCES INVOLVING CORRUPTION, ORGANISED CRIME OR HARM TO THE NATIONAL ECONOMY
 
1. Any offence referred to in Chapter IX ("Bribery and Corruption") of the Criminal Law Code.
 
2. Contravening section 63 ("Money-laundering") of the Serious Offences (Confiscation of Profits) Act [Chapter 9:17].
 
3. The sale, removal or disposal outside Zimbabwe of any controlled product in contravention of the Grain Marketing Act [Chapter 18:14].
 
4. Any offence under any enactment relating to the unlawful possession of, or dealing in, precious metals or precious stones.
 
5. Any offence referred to in Chapter VII ("Crimes Involving Dangerous Drugs") of the Criminal Law Code, other than unlawful possession or use of dangerous drugs where the dangerous drug in question is cannabis.
 
6. Fraud or forgery*
 
(a) involving prejudice or potential prejudice to the State, except where the magnitude of the prejudice or potential prejudice is less than such amount as the Minister may prescribe by notice in a statutory instrument;  or
 
(b) committed by a person, group of persons, syndicate or enterprise acting in execution or furtherance of a common purpose or conspiracy;  or
 
(c) where the magnitude of the prejudice or potential prejudice to any person is more than such amount as the Minister may prescribe by notice in a statutory instrument.
 
7. Contravening section 42 ("Offences relating to banknotes") of the Reserve Bank Act [Chapter 22:15] or committing any offence relating to the coinage.
 
8. Contravening subparagraph (i) of paragraph (a) of subsection (1) of section 5 of the Exchange Control Act [Chapter 22:05] as read with*
 
(a) subsection (1) of section 4 of the Exchange Control Regulations, 1996, published in Statutory Instrument 109 of 1996, (in this paragraph and paragraph 8 called "the Exchange Control Regulations"), by dealing in any foreign currency in contravention of paragraph (a) or (b) of that section of the Regulations without the permission of an exchange control authority;
 
(b) subsection (1) of section 10 of the Exchange Control Regulations, by unlawfully making any payment, placing any money or accepting any payment in contravention of paragraph (a), (b), (c) or (d) of that section of the Regulations;
 
(c) paragraph (a) or (b) of subsection (1) of section 11 of the Exchange Control Regulations, by unlawfully making any payment outside Zimbabwe or incurring an obligation to make any payment outside Zimbabwe;
 
(d) paragraph (b). (e) or (f) of subsection (1) of section 20 of the Exchange Control Regulations, by unlawfully exporting any foreign currency, gold, silver or platinum, or any article manufactured from or containing gold, silver or platinum, or any precious or semiprecious stone or pearl from Zimbabwe;
 
(e) subsection (2) of section 21 of the Exchange Control Regulations, by unlawfully exporting any goods from Zimbabwe in contravention of that provision of the Regulations.
 
9. Contravening paragraph (b) of subsection (1) of section 5 of the Exchange Control Act [Chapter 22:05] by making any false statement or producing any false document in connection with a contravention of subsection (2) of section 21 of the Exchange Control Regulations.
 
10. Theft of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11].
 
11. Theft or forgery of*
 
(a) a document issued to a person in terms of subsection (1) or (2) of section 7 of the National Registration Act [Chapter 10:17], or a passport or drivers licence issued by or on behalf of the Government of Zimbabwe;  or
 
(b) any visitors entry certificate or other certificate or permit issued to a person in terms of the Immigration Act [Chapter 4:02], or in terms of any enactment relating to refugees;  or
 
(c) any passport, identity document or drivers licence issued by a foreign government;  or
 
(d) a vehicle registration plate;  or
 
(e) any documentation relating to the registration or insurance of a motor vehicle.
 
12. Stock theft involving a bovine or equine animal.
 
13. A conspiracy, incitement or attempt to commit any offence referred to in paragraphs 1 to 12.".
 
PART VIII
 
PREVENTION OF CORRUPTION ACT [CHAPTER 9:16]
 
1. By the repeal of sections 3, 4 and 5.
 
 
 
"(c) has accepted or obtained any benefit, advantage or profit corruptly or in circumstances that amount to an offence in terms of this Act or Chapter IX ("Bribery and Corruption") of the Criminal Law Code;";
 
(b) in paragraph (e) by the deletion of ", (c) or (d)" and the substitution of "or (c)".
 
 
"(a) any contravention of Chapter IX ("Bribery and Corruption") of the Criminal Law Code; or";
 
 
(a) by the repeal of subsection (2);
 
(b) in subsection (4) by the deletion from paragraph (a) of "section three" the substitution of "Chapter IX ("Bribery and Corruption") of the Criminal Law Code".
 
PART IX
 
STOCK THEFT ACT [CHAPTER 9:18]
 
 
"1 Short title
 
This Act may be cited as the Stock Theft Prevention Act [Chapter 9:18].".
 
2. In section 2 by the repeal of the definition of "public sale".
 
3. By the repeal of sections 4, 5, 6 and 8.
 
 
"9 Special jurisdiction of magistrates courts
 
Notwithstanding anything to the contrary in the Magistrates Court Act [Chapter 7:10], every magistrate shall have special jurisdiction to impose the penalties prescribed in paragraphs (e) and (f) of subsection (2) of section 114 of the Criminal Law Code.".".
 
5. In section 10 by the deletion of ""any offence referred to in subsection (1), (2) or (3) of section eleven" and the substitution of "any contravention of subsection (2) of section 114 of the Criminal Law Code.".
 
6. By the repeal of sections 11 and 12.
 
PART X
 
ANTI-CORRUPTION COMMISSION ACT [CHAPTER 9:22]
 
 
"(a) any offence referred to in Chapter IX ("Bribery and Corruption") of the Criminal Law Code;  and".
 
 
 
(a) any offence related to corruption;
 
(b) contravening section 63 ("Money-laundering") of the Serious Offences (Confiscation of Profits) Act [Chapter 9:17];
 
(c) the sale, removal or disposal outside Zimbabwe of any controlled product in contravention of the Grain Marketing Act [Chapter 18:14];
 
(d) any offence under any enactment relating to the unlawful possession of, or dealing in, precious metals or precious stones;
 
(e) any offence referred to in Chapter VII ("Crimes Involving Dangerous Drugs") of the Criminal Law Code, other than unlawful possession or use of dangerous drugs where the dangerous drug in question is cannabis;
 
(f) fraud or forgery*
 
(i) involving prejudice or potential prejudice to the State, except where the magnitude of the prejudice or potential prejudice is less than such amount as the Minister responsible for justice may prescribe by notice in a statutory instrument;  or
 
(ii) committed by a person, group of persons, syndicate or enterprise acting in execution or furtherance of a common purpose or conspiracy;  or
 
(iii) where the magnitude of the prejudice or potential prejudice to any person is more than such amount as the Minister responsible for justice may prescribe by notice in a statutory instrument;
 
(g) contravening section 42 ("Offences relating to banknotes") of the Reserve Bank Act [Chapter 22:15] or committing any offence relating to the coinage;
 
(h) contravening subparagraph (i) of paragraph (a) of subsection (1) of section 5 of the Exchange Control Act [Chapter 22:05] as read with*
 
(i) subsection (1) of section 4 of the Exchange Control Regulations, 1996, published in Statutory Instrument 109 of 1996, (in this paragraph and paragraph 8 called "the Exchange Control Regulations"), by dealing in any foreign currency in contravention of paragraph (a) or (b) of that section of the Regulations without the permission of an exchange control authority;
 
(ii) subsection (1) of section 10 of the Exchange Control Regulations, by unlawfully making any payment, placing any money or accepting any payment in contravention of paragraph (a), (b), (c) or (d) of that section of the Regulations;
 
(iii) paragraph (a) or (b) of subsection (1) of section 11 of the Exchange Control Regulations, by unlawfully making any payment outside Zimbabwe or incurring an obligation to make any payment outside Zimbabwe;
 
(iv) paragraph (b). (e) or (f) of subsection (1) of section 20 of the Exchange Control Regulations, by unlawfully exporting any foreign currency, gold, silver or platinum, or any article manufactured from or containing gold, silver or platinum, or any precious or semiprecious stone or pearl from Zimbabwe;
 
(v) subsection (2) of section 21 of the Exchange Control Regulations, by unlawfully exporting any goods from Zimbabwe in contravention of that provision of the Regulations;
 
(i) contravening paragraph (b) of subsection (1) of section 5 of the Exchange Control Act [Chapter 22:05] by making any false statement or producing any false document in connection with a contravention of subsection (2) of section 21 of the Exchange Control Regulations;
 
(j) theft of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11];
 
(k) theft or forgery of*
 
(i) a document issued to a person in terms of subsection (1) or (2) of section 7 of the National Registration Act [Chapter 10:17], or a passport or drivers licence issued by or on behalf of the Government of Zimbabwe;  or
 
(ii) any visitors entry certificate or other certificate or permit issued to a person in terms of the Immigration Act [Chapter 4:02], or in terms of any enactment relating to refugees;  or
 
(iii) any passport, identity document or drivers licence issued by a foreign government;  or
 
(iv) a vehicle registration plate;  or
 
(v) any documentation relating to the registration or insurance of a motor vehicle;
 
(l) stock theft involving a bovine or equine animal;
 
(m) a conspiracy, incitement or attempt to commit any offence referred to in subparagraphs (a) to (l).".
 
PART XI
 
PUBLIC ORDER AND SECURITY ACT [CHAPTER 11:07]
 
1. In section 2 by the repeal of the definitions of "act of insurgency, banditry, sabotage or terrorism", "bomb", "essential service", "insurgent, bandit saboteur or terrorist", "law enforcement agency", "offensive material", "official" and "weaponry".
 
2. By the repeal of section 3.
 
3. By the repeal of the whole of Part II ("Offences Against Constitutional Government and Public Security") except for section 14 ("Temporary prohibition of possession of certain weapons within particular police districts").
 
4. By the repeal of the whole of Part III ("Offences Against Public Order").
 
5. In section 14 by the deletion from subsection (1) of "Without derogation from section thirteen" and the substitution of "Without derogation from section 38 ("Possession of dangerous weapons") of the Criminal Law Code".
 
6. By the repeal of sections 30, 31 and 36.
 
7. In section 38 in subsection (1) by the deletion of "this Act" and the substitution of "Chapter III ("Crimes Against the State"), Chapter IV ("Crimes Against Public Order") or section 176 ("Assaulting or resisting peace officer") or 177 ("Undermining of police authority") of the Criminal Law Code".".
 
 
(a) in subsection (1) by the insertion after "this Act" of "or of Chapter III ("Crimes Against the State"), Chapter IV ("Crimes Against the Community") or section 176 ("Assaulting or resisting peace officer") or 177 ("Undermining of police authority") of the Criminal Law Code";
 
(b) in subsection (2) by the insertion after "this Act" wherever it occurs of " or any of the provisions of the Criminal Law Code referred to in subsection (1)";
 
 
(i) by the insertion after "this Act" where it occurs for the first time of "or any provision of the Criminal Law Code referred to in subsection (1)";
 
(ii) by the insertion after "this Act" where it occurs for the second time of "or the Criminal Law Code".
 
PART XII
 
POLICE ACT [CHAPTER 11:10]
 
 
"67A When police officer or constabulary member deemed to be acting in execution of duty
 
A police officer, or a constabulary member of the Police Force, who in good faith performs any act in accordance with or in the enforcement of any provision purporting to be an enactment of a competent legislative authority shall, notwithstanding any irregularity in the enactment of or defect in that provision or want of jurisdiction on the part of the legislative authority, be deemed to be acting in the execution of his duty.".
 
PART XIII
 
INLAND WATERS SHIPPING ACT [CHAPTER 13:06]
 
 
"53A Use of vessel and interference therewith without owner's consent
 
 
(a) without lawful authority or reasonable cause, gets on to any vessel lying on inland waters or in any port or harbour or on any land or interferes with or wilfully injures such vessel or its accessories;  or
 
(b) without the consent of the owner or person in lawful charge of the vessel, uses or sails such boat on inland waters;
 
shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment:
 
Provided that nothing in this subsection shall be construed as prohibiting any police officer or any other person empowered thereto under any enactment from performing the duties conferred and imposed upon him by this Act or any other enactment.
 
(2)  If, on the trial of any person on a charge of stealing a vessel, the court is of the opinion that the accused was not guilty of stealing the vessel but was guilty of an offence under subsection (1), the court may find him guilty of an offence under subsection (1), and thereupon he shall be liable to punishment accordingly.
 
53B Power of police to stop and search vessel
 
(1)  Where a police officer has reason to suspect that an offence has been committed by any person on board a vessel on inland waters, it shall be lawful for him to stop, go on board and search such vessel without warrant and to seize any thing which he has reasonable grounds for believing will afford evidence as to the commission of an offence under any law.
 
(2)  Any person who, when called upon to stop a vessel under his control in terms of subsection (1), fails to comply immediately with such request shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.".
 
PART XIV
 
TOURISM ACT [CHAPTER 14:20]
 
By the repeal of section 58.
 
PART XV
 
DANGEROUS DRUGS ACT [CHAPTER 15:03]
 
 
"(3)  Any word or expression to which a meaning has been assigned in Chapter VII ("Crimes Involving Dangerous Drugs") of the Criminal Law Code shall have the same meaning when used in this Act.".
 
 
"3 Application of Part II
 
This Part applies to any dangerous drug referred to in paragraph (a) of the definition of "dangerous drug" in section 155 of the Criminal Law Code (that is, any coca bush, coca leaf, raw opium or cannabis plant).".
 
3. By the repeal of Part III.
 
4. In section 10 by the repeal of subsection (2).
 
 
"PART V
 
CONTROL OF DANGEROUS DRUGS
 
13 Interpretation in Part V
 
 
"the 1961 Convention" means the single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961;
 
"the 1971 Convention" means the Convention on Psychotropic Substances, 1971;
 
"the 1988 Convention" means the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988;
 
"dangerous drug" has the meaning given to that term in section 155 of the Criminal Law Code;
 
"dangerous drugs crime" means a crime specified in Chapter VII ("Crimes Involving Dangerous Drugs") of the Criminal Law Code;
 
"deal in", in relation to a dangerous drug, includes to sell or to perform any act, whether as a principal, agent, carrier, messenger or otherwise, in connection with the delivery, collection, importation, exportation, trans-shipment, supply, administration, manufacture, cultivation, procurement or transmission of such drug;
 
"police district" means an area designated by the Commissioner of Police as a police district for the purposes of the administration of the Police Force;
 
"scheduled drug" means a drug specified in Part I or Part II of the Schedule and the term "Part I scheduled drug" shall be construed accordingly.
 
14 Specification of dangerous drugs
 
(1)  Part I of the Schedule specifies dangerous drugs in compliance with the 1961, 1971 and 1988 Conventions
 
(2)  Part II of the Schedule specifies other dangerous drugs.
 
 
(a) is or is likely to be productive, if improperly used, of ill effects substantially of the same character or nature as or analogous to those produced by morphine or cocaine;  or
 
(b) is capable of being converted into a substance which is likely to be productive, if improperly used, of such effects;
 
he may, by notice in a statutory instrument, after consultation with the Authority, amend Part I of the Schedule by specifying such derivative or alkaloid or drug.
 
(4)  If it is made to appear to the Minister that, in pursuance of article 12 of the 1988 Convention, a decision by the Commission on Narcotic Drugs of the Economic and Social Council of the United Nations to include or delete from the annex to that Convention any substance has been communicated by the Secretary-General of the United Nations to the parties to that Convention, the Minister may, by notice in a statutory instrument, amend Part I of the Schedule by specifying or deleting such substance as a dangerous drug, as the case may be.
 
(5)  Whenever the Authority considers it necessary or desirable in the public interest that any drug, other than one specified in accordance with the 1988 Convention, should be prohibited absolutely, it may, by notice in a statutory instrument, after consultation with the Minister, amend Part II of the Schedule by specifying such drug, and may in like manner amend or revoke such specification.
 
14A Restriction on import and export of dangerous drugs
 
 
(a) coca leaves, cannabis plant, raw opium or any drug specified in Part I of the Schedule except under and in accordance with the terms of a licence issued by the Authority;
 
(b) prepared opium, prepared cannabis, cannabis resin or any drug specified in Part II of the Schedule.
 
(2)  Any person who contravenes subsection (1) shall be guilty of unlawful dealing in a dangerous drug as provided in section 156 of the Criminal Law Code.
 
(3)  If at any time the importation into a foreign country of a dangerous drug referred to in paragraph (a) of subsection (1) is prohibited or restricted by the laws of that country, there shall, while that prohibition or restriction is in force, be attached to every licence which is issued under this Act authorising the export of that drug from Zimbabwe, such conditions as appear necessary for preventing or restricting, as the case may be, the exportation of that drug from Zimbabwe to that country during such time as the importation of that drug into that country is so prohibited or restricted, and any such licences issued before the prohibition or restriction came into force shall, if the Minister by order so directs, be deemed to be subject to the like conditions.
 
14B Authority may restrict lawful possession, etc., of dangerous drugs in certain cases
 
 
(a) is convicted of a dangerous drugs crime or an offence under the repealed Act or this Part;  or
 
(b) is considered by the Authority to be prescribing, administering or supplying any Part I scheduled drug in an irresponsible manner;
 
the Authority may, subject to this section, issue a direction to that person prohibiting him from acquiring, possessing, prescribing, administering, manufacturing, compounding or supplying, as may be appropriate, such Part I scheduled drug for such period of time as the Authority shall specify in the direction.
 
(2)  Before issuing any direction under subsection (1) the Authority shall direct the Director-General to give written notice to the person concerned of its intention to issue the direction.
 
 
(a) specify the terms of the proposed direction and the grounds on which the Authority proposes to issue it;
 
(b) indicate that the person to whom it is directed may within a calendar month of the receipt of the notice submit to the Director-General any comments he may wish to put forward in connection with the matter.
 
 
(a) no comments are submitted under paragraph (b) of subsection (3);  or
 
(b) after consideration of any comments submitted under paragraph (b) of subsection (3) the Authority decides to issue the direction;
 
the Authority may direct the Director-General to issue the direction.
 
(5)  any person aggrieved by a decision of the Authority to issue a direction under subsection (1) may, within thirty days after the date of that decision, appeal to the Administrative Court, but in such case the direction shall continue to have effect until the appeal is determined.
 
(6)  Any person subject to a direction issued under subsection (1) who contravenes the terms of the direction shall be guilty of contravening section 156 ("Unlawful dealing in dangerous drugs") or 157 ("Unlawful possession or use of dangerous drugs") of the Criminal Law Code with respect to the acquisition, possession, prescription, administration, manufacture, compounding or supply of the Part I scheduled drug specified I the direction.
 
14C Regulations under Part V
 
 
(a) prohibit, control or restrict the cultivation, production, possession, sale, use or distribution of coca bushes, cannabis plants and raw opium;
 
(b) prescribe measures to be taken for the eradication of plants, to which regulations made under paragraph (a) apply, found to be growing wild;
 
(c) prohibit the manufacture of a Part I scheduled drug except on premises licensed for the purpose by the Authority and subject to any terms and conditions specified in the licence;
 
(d) prohibit the manufacture, sale or distribution of a Part I scheduled drug except by persons licensed or otherwise authorized under the regulations;
 
(e) require precautions for the safe custody of Part I scheduled drugs;
 
(f) require the packaging and labelling of Part I scheduled drugs and specify the manner of such packaging and labelling;
 
(g) regulate the transport of Part I scheduled drugs and the methods used for destroying or otherwise disposing of such drugs when no longer required;
 
(h) regulate the issuing of prescriptions containing any Part I scheduled drug and the supply of such drugs on prescription and the dispensing of any such prescriptions;
 
(i) require persons issuing or dispensing prescriptions containing Part I scheduled drugs to furnish to the Authority such information relating to those prescriptions as may be prescribed;
 
(j) require persons engaged in the manufacture, sale and distribution of any Part I scheduled drug to keep such books and furnish such information, either in writing or otherwise, as may be prescribed;
 
(k) require any medical practitioner treating a person whom he considers, or has reasonable grounds to suspect, is addicted to any dangerous drug, to furnish such particulars concerning that person to the Permanent Secretary responsible for health as may be prescribed;
 
(l) prohibit any medical practitioner from administering, supplying or authorising the administration and supply to persons addicted to any dangerous drug such drug, and from prescribing for such persons such drug, except under and in accordance with the terms of a permit issued by the Permanent Secretary responsible for health.
 
(m) regulate the fees payable for the issue or renewal or any licence, application or thing done in terms of this Part;
 
(n) make any contravention of the regulations an offence and impose a fine not exceeding level six for any such contravention.
 
 
(a) in the ordinary course of his retail business to manufacture, at any premises registered under Part VI, any preparation, admixture or extract of a Part I scheduled drug;
 
(b) to carry on at any such premises the business of retailing, dispensing or compounding any such drug;
 
subject to the power of the Authority to withdraw the authorisation in the case of a person who has been convicted of a dangerous drugs crime, and who cannot, in the opinion of the Authority, properly be allowed to carry on the business of a manufacturing or selling or distributing, as the case may be, such a drug.
 
14D Powers of search, seizure and forfeiture
 
 
(a) enter upon any land where such person is believed to be, and there require him to produce for his inspection such dangerous drug;  or
 
(b) search such person or any animal in his possession, and enter and search any land, building, vehicle, aircraft, train, vessel, or boat in the possession or use of such person:
 
 
(i) a person shall be searched only by a person of like sex;  and
 
(ii) such search shall be done with the strictest regard to decency and decorum;
 
and seize any dangerous drug in the possession of such person and, unless he is satisfied that such person will appear and answer any charge which may be preferred against him, arrest and detain him.
 
(2)  Any inspector, customs officer or police officer above the rank of sergeant (or below the rank of sergeant with the written authorisation of a police officer above the rank of sergeant) may at any time enter upon and inspect any land, building or other structure on or in which plants, from which dangerous drugs are derived, may be found, for the purpose of ascertaining if any such plants are being cultivated in contravention of this Part or Chapter VII ("Crimes involving dangerous drugs") of the Criminal Law Code.
 
(3)  If on any search or inspection made in terms of this section any dangerous drug, pipe, receptacle or appliance for smoking or using the same or any plant which it is suspected upon reasonable grounds is being cultivated in contravention of this Part or Chapter VII ("Crimes involving dangerous drugs") of the Criminal Law Code is found, it may be seized and removed, together with any books, accounts or documents relating thereto.
 
(4)  Any person who is arrested and detained and any dangerous drug or article which is seized in terms of subsection (1) or (3) shall be taken as soon as practicable before a court of competent jurisdiction to be dealt with according to law.
 
(5)  Any person who resists, hinders or obstructs an inspector or other person in the lawful exercise of his powers under this section shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
 
(6)  If on the trial of any person for contravening or failing to comply with any provision of this Act or any condition of any authority or licence issued thereunder it is proved that any drug, pipe, receptacle, appliance or plant seized under this section was produced, kept, used, sold, distributed or cultivated in contravention of this Act, it shall be forfeited to the State.
 
14E Forfeiture on conviction, and prohibition from driving and flying
 
 
(a) shall order that any drug to which the conviction relates be forfeited to the State, unless the drug is further required as an exhibit at a trial;  and
 
(b) may order that any vehicle, aircraft, vessel, boat, animal, receptacle or thing in or upon which such drug was found or was used for the purpose of or in connection with such drug, be forfeited to the State, and section 62 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall thereupon apply, mutatis mutandis, in respect of the vehicle, aircraft, vessel, boat, animal, receptacle, container or thing.
 
(2)  If it is established to the satisfaction of the court convicting a person of a dangerous drugs crime that the convicted person used any motor vehicle or aircraft to convey the drug to which the conviction relates, the court may order that the convicted person or, where the motor vehicle was driven or aircraft was flown by another person who was a participant or accomplice in or accessory to the crime, such other person, be prohibited from driving all classes of motor vehicles or flying all types of aircraft for a period not exceeding fifteen years, as the case may be, and the appropriate provisions of the Road Traffic Act [Chapter 13:11] or the Civil Aviation Act [Chapter 13:16] shall apply, mutatis mutandis, in respect of any such prohibition.
 
14F Safe custody of forfeited dangerous drugs
 
(1)  Upon the conclusion of criminal proceedings resulting in the conviction of a person of a dangerous drugs crime, the court shall order that any dangerous drugs forfeited to the State, other than cannabis, be delivered forthwith to the police officer in command of the police district where the drugs were seized for safe custody, and shall ensure that such police officer and the Director-General are given full particulars of such drugs, including their quantity and any  other relevant information.
 
(2)  Pending their destruction in terms of section fourteen G, the Director-General shall store any drugs delivered to him under subsection (1) in a place of maximum security under his personal control, free from contamination by moisture or dust, and shall protect them from access by any other person, and keep and maintain them in such a safe manner as to avoid and prevent any deterioration whatsoever.
 
14G Destruction of forfeited dangerous drugs and articles
 
(1)  Within seven days of the receipt from the court of any consignment of forfeited dangerous drugs the police officer in command of the police district to whom any dangerous drugs are delivered in terms of section fourteen F (hereafter in this section called "the custodian police officer") shall communicate in writing to the Commissioner of Police, the Director-General, the Commissioner-General of the Zimbabwe Revenue Authority and the Attorney-General, the full particulars of such drugs, including their quantity and all other relevant information, which shall, in every material respect, correspond strictly with the particulars furnished to the custodian police officer and the Director-General by the court at the time of delivery to him of the forfeited dangerous drugs.
 
(2)  Within fourteen days of the written communication referred to in subsection (1), the custodian police officer shall appoint a date and time, which shall not be before the expiry of the period within which an appeal against the conviction concerned may be noted, for the total destruction by incineration of such drugs:
 
Provided that, where an appeal has been noted, the drugs shall not be destroyed until such time as the appeal has been abandoned or determined, whereupon this subsection shall apply.
 
(3)  For the purposes of subsection (2) there is hereby constituted a panel comprising a police officer of or above the rank of superintendent designated by the Commissioner of Police, a senior customs officer designated by the Commissioner-General of the Zimbabwe Revenue Authority, the Director-General or an inspector designated by him and a senior official of the Ministry responsible for justice designated by the Attorney-General, who shall, if they so decide whether on their own initiative or at the request of the custodian police officer concerned, assist the custodian police officer in the destruction of all dangerous drugs, other than cannabis plants, forfeited to the State.
 
(4)  On the date and time appointed by the custodian police officer under subsection (2), the panel referred to in subsection (3) may attend to the destruction by incineration of the drugs concerned in the full view and presence of each other and, immediately thereafter, shall sign a joint declaration in the prescribed form, attesting to the total destruction of the drugs.
 
(5)  Within fourteen days of the destruction of any dangerous drugs forfeited to the State, the Director-General shall cause to be published in the Gazette for public information the joint declaration referred to in subsection (4).
 
(6)  Whenever the custodian police officer is prevented by illness or other reasonable cause from discharging his functions under this section, such functions shall be discharged by any police officer of or above the rank of sergeant designated by the custodian police officer for that purpose.
 
(7)  Cannabis or other article forfeited under this Part shall, unless the court otherwise directs, be burned or otherwise destroyed in the presence of a specified police officer.
 
14H Forfeiture on acquittal or withdrawal of charge
 
At the conclusion of any proceedings in connection with a dangerous drugs crime, resulting in the accused being acquitted or the charge against him being withdrawn or otherwise dismissed, the court shall order that any drug, other than cannabis, which was seized in connection with the proceedings, shall be forfeited to the State, and sections fourteen F and fourteen G shall apply, mutatis mutandis, in relation to the drug:
 
Provided that, if the drug is further required as an exhibit at a trial, this section shall not apply in relation to the drug.
 
14J Forfeiture where no criminal proceedings are instituted
 
If any dangerous drug, other than cannabis, has been seized by a police officer or any other public officer and no criminal proceedings are instituted in connection therewith and the drug is not further required as an exhibit at a trial, the drug shall be forfeited to the State and the police officer or other public officer concerned shall deliver the drug to the Director-General as though the court had made an order in respect of that drug under section fourteen G, and thereafter section fourteen H and shall apply, mutatis mutandis, in relation to the drug.".
 
6. By the repeal of section 17.
 
7. In section 19 by the repeal of subsections (2), (3), (4) and (7).
 
8. By the repeal of sections 20 to 25.
 
 
"SCHEDULE (Section 14)
 
SCHEDULED DRUGS
 
PART I
 
DANGEROUS DRUGS SPECIFIED IN COMPLIANCE WITH 1961, 1971 AND 1988 CONVENTIONS
 
 
Acetorphine; Acetyldihydrocodeine; Acetylmethadol; Alfentanil; Allylprodine; Alphacetylmethadol; Alphameprodine; Alphamethadol; Alphaprodine; Anileridine.
 
Benzethidine; Benzylmorphine; Betacetylmethadol; Betameprodine; Betamethadol; Betaprod; Bezitramide.
 
Desomorphine; Dextromoramide; Dextropropoxyphene; Diampromide; Diethylthiambutene; Difenoxin (or diphenoxylic acid), except mixtures containing, per dosage unit, not more than 0,5 milligrams of difenoxin, calculated as the base, and a quantity of atropine sulphate equal to at 5,0 per cent of the quantity of difenoxin, calculated as the base, which is present in the mixture; Dihydromorphine; Dimenoxadol; Dimepheptanol; Dimethylthiambutene; Dioxaphetylbutyrate; Diphenoxylate, except preparations containing not more than 2,5 milligrams of diphenoxylate, calculated as the base, and not less than 25 micrograms of atropine sulphate per dosage unit; Dronabinol [(-) transdelta-9-tetrahydrocannabinol]; Drotebanol.
 
Ecgonine and the esters and derivatives thereof which are convertible to ecgonine and cocaine; Ethylmethylthiambutene; Ethylmorphine; Etonitazene; Etorphine; Etoxeridine.
 
Fentanyl; Furethidine.
 
Hydrocodone (dihydrocodeinone); Hydromorphinol (14- hydroxydihydromorphine); Hydromorphone (dihydromorphinone); Hydroxypethidine.
 
Isomethadone.
 
Ketobemidone.
 
Levomoramide; Levophenacylmorphan; Levorphanol.
 
Mefenorex; Metazocine; Methadone; Methadone-intermediate; Methorphan, including levomethorphan and racemethorphan, but excluding dextromethorphan; Methyldesorphine; Methyldihydromorphine; Methylphenidate and the derivatives thereof; Metopon; Moramide-intermediate; Morpheridine; Morphine, except preparations and mixtures of morphine containing not more than 0,2 per cent of morphine, calculated as anhydrous morphine; Morphine methobromide and other pentavalent nitrogen morphine derivatives; Morphine-N-oxide and the derivatives thereof.; Myrophine (myristylbenzylmorphine).
 
Nicocodine; Nicodicodine; Nicomorphine; Noracymethadol; Norcodeine, except preparations and mixtures containing not more than 20 milligrams norcodeine per recommended or prescribed dose; Norlevorphanol; Normethadone; Normorphine (demethylmorphine or N-demethylated morphine); Norpipanone.
 
Opium and opiates and any salt, compound, derivative or preparation of opium or opiates, whether obtained directly or indirectly by extraction from material or substances obtained from plants, or obtained independently by chemical synthesis, or by a combination of extraction and chemical synthesis, except mixture containing not more than 0,2 per cent or morphine, calculated as anhydrous morphine; Opium-poppy and poppy straw, whether obtained directly or indirectly by extraction from material or substances obtained from plants, or whether obtained independently by chemical synthesis, or by a combination of extraction and chemical synthesis; Oxycodone (14-hydroxydihydrocodeinone or dihydrohydroxycodeinone); Oxymorphone (14-hydroxydihydromorphinone or dihydrohydroxymorphinone).
 
 
Pethidine, pethidine-intermediate A, pethidine-intermediate B and pethidine-intermediate  C; Phenadoxone; Phenampromide; Phenazocine; Phenomorphan; Phenoperidine; Piminodine; Piritramide; Proheptazine; Properidine; Propiram.
 
Pethidine, pethidine-intermediate A, pethidine-intermediate B and pethidine-intermediate  C; Phenadoxone; Phenampromide; Phenazocine; Phenomorphan; Phenoperidine; Piminodine; Piritramide; Proheptazine; Properidine; Propiram.
Racemoramide; Racemorphan.
 
Sufentanil.
 
Thebacon; Thebaine; Tilidine; Trimeperidine.
 
 
2.  Unless expressly excluded, all substances included in this Part include the following:
 
(a) the isomers of the specified substances, where the existence of such isomers is possible;
 
(b) the esters and ethers of the specified substances and of the isomers referred to in subparagraph (a), as well as the isomers of such esters and ethers, where the existence of such esters, ethers and isomers is possible;
 
(c) the salts of the specified substances, of the isomers referred to in subparagraph (a) and of the esters, ethers and isomers referred to in subparagraph (b), as well as the isomers of such salts, where the existence of such salts and isomers is possible;  and
 
(d) all preparations and mixtures of the specified substances and of the isomers, esters, ethers and salts referred to in this paragraph.
 
PART II
 
OTHER DANGEROUS DRUGS
 
Bufotenine; Glutethamide; Lysergamide; Lysergide and other N-alkyle derivatives of lysergamide, including the drug commonly known as LSD, but not including methysergide maleate; Mescaline; Methaqualone ("Mandrax"); Meghyprylon; Psilocin; Psilocybin; N.N-Diethyltryptamine; N.N-Dimethyltryptamine; 2,5-Dimethoxy-4, a, dimethylphenethlaine; Any stereoisomeric form, ester, ether or salt of a substance prohibited and any preparation containing any proportion of the abovementioned drugs.".
 
PART XVI
 
MEDICINES AND ALLIED SUBSTANCES CONTROL ACT [CHAPTER 15:03]
 
By the repeal of Part V.
 
PART XVII
 
PUBLIC HEALTH ACT [CHAPTER 15:09]
 
By the repeal of section 50.
 
PART XVIII
 
TERMINATION OF PREGNANCY ACT [CHAPTER 15:10]
 
 
" "unlawful intercourse" means rape, other than rape within a marriage, and sexual intercourse within a prohibited degree of relationship, other than sexual intercourse with a person referred to in paragraphs (i) or (j) of subsection (1) of section 75 of the Criminal Law Code.".
 
PART XIX
 
HOUSING AND BUILDING ACT [CHAPTER 22:07]
 
1. By the deletion of the title of Part VI and the substitution of "Rent Control and Avoidance of Certain Leases".
 
 
"22 Application of Part VI
 
(1)  Sections 23 and 24 shall apply in relation to domestic premises and any other premises which are not subject to the Commercial Premises (Lease Control) Act [Chapter 14:04].
 
(2)  Section 24A shall apply to all premises, including those subject to the Commercial Premises (Lease Control) Act [Chapter 14:04].".
 
 
"24A Avoidance of leases of premises used as brothels
 
(1)  If an owner or lessor becomes aware that any premises leased by him or her are kept or used as a brothel (as defined in subsection (1) of section 61 of the Criminal Law Code) by or with the consent or acquiescence of the lessee, the lease shall be voidable at the instance of the owner or lessor, who may thereupon repossess the premises.
 
(2)  The reference in subsection (1) to a lease includes a sublease, and "lessee" and "lessor" shall be construed accordingly.
 
(3)  A magistrate shall have jurisdiction, on the application of the owner or lessor of any place within the magistrate's province which is being kept or used as a brothel, to order summary ejectment of any person who is so keeping or using the place.".
 
  
PART XX
+
Racemoramide; Racemorphan.
MENTAL HEALTH ACT, 1996 (NO. 15 OF 1996)
+
 
1. In section 29 by the deletion from subsection (2) of "so as not to be responsible for the act" and the substitution of "so as to have a complete defence in terms of section 249 of the Criminal Law Code, 2002,".
+
Sufentanil.
+
 
"110A Application for sterilisation of mentally disordered or intellectually handicapped female person by parent, guardian, spouse etc.
+
Thebacon; Thebaine; Tilidine; Trimeperidine.
(1)  The parent, guardian, spouse or any other person capable in law of giving consent on behalf of a mentally disordered or intellectually handicapped female person may apply to the High Court for an order authorising her sterilisation.
+
 
(2)  If the High Court is satisfied that?
+
2.  Unless expressly excluded, all substances included in this Part include the following:
(a) on the evidence of at least two medical practitioners, a female person is mentally disordered or intellectually handicapped, and that it is in her best interests that she should be sterilised;  and
+
 
(b) her parent, guardian, spouse or any other person capable in law of giving consent on her behalf has consented to her sterilisation;
+
(a) the isomers of the specified substances, where the existence of such isomers is possible;
the High Court may order that she should be sterilised.
+
 
(3)  Except as authorised by this section, no mentally disordered or intellectually handicapped female person shall be sterilised.".
+
(b) the esters and ethers of the specified substances and of the isomers referred to in subparagraph (a), as well as the isomers of such esters and ethers, where the existence of such esters, ethers and isomers is possible;
 
+
 
SEVENTH SCHEDULE (Sections 283)
+
(c) the salts of the specified substances, of the isomers referred to in subparagraph (a) and of the esters, ethers and isomers referred to in subparagraph (b), as well as the isomers of such salts, where the existence of such salts and isomers is possible;  and
REPEALS
+
 
Aircraft (Offences) Act [Chapter 9:01]
+
(d) all preparations and mixtures of the specified substances and of the isomers, esters, ethers and salts referred to in this paragraph.
Concealment of Birth Act [Chapter 9:04]
+
 
Infanticide Act [Chapter 9:12]
+
'''PART II'''
Miscellaneous Offences Act [Chapter 9:15]
+
 
Miscellaneous Offences Act [Chapter 68 of the 1974 Revised Edition of the Laws]
+
'''OTHER DANGEROUS DRUGS'''
Witchcraft Suppression Act [Chapter 9:19]
+
 
Sexual Offences Act [Chapter 9:21]
+
Bufotenine; Glutethamide; Lysergamide; Lysergide and other N-alkyle derivatives of lysergamide, including the drug commonly known as LSD, but not including methysergide maleate; Mescaline;
 +
 
 +
Methaqualone ("Mandrax"); Meghyprylon; Psilocin; Psilocybin; N.N-Diethyltryptamine; N.N-Dimethyltryptamine; 2,5-Dimethoxy-4, a, dimethylphenethlaine; Any stereoisomeric form, ester, ether or salt of a substance prohibited and any preparation containing any proportion of the abovementioned drugs.".
 +
 
 +
''PART XVI''
 +
 
 +
'''MEDICINES AND ALLIED SUBSTANCES CONTROL ACT [CHAPTER 15:03]'''
 +
 
 +
By the repeal of Part V.
 +
 
 +
'''PART XVII'''
 +
 
 +
'''PUBLIC HEALTH ACT [CHAPTER 15:09]'''
 +
 
 +
By the repeal of section 50.
 +
 
 +
'''PART XVIII'''
 +
 
 +
'''TERMINATION OF PREGNANCY ACT [CHAPTER 15:10]'''
 +
 
 +
 +
 
 +
" "unlawful intercourse" means rape, other than rape within a marriage, and sexual intercourse within a prohibited degree of relationship, other than sexual intercourse with a person referred to in paragraphs (i) or (j) of subsection (1) of section 75 of the Criminal Law Code.".
 +
 
 +
'''PART XIX'''
 +
 
 +
'''HOUSING AND BUILDING ACT [CHAPTER 22:07]'''
 +
 
 +
1. By the deletion of the title of Part VI and the substitution of "Rent Control and Avoidance of Certain Leases".
 +
 
 +
 +
 
 +
"22 Application of Part VI
 +
 
 +
(1)  Sections 23 and 24 shall apply in relation to domestic premises and any other premises which are not subject to the Commercial Premises (Lease Control) Act [Chapter 14:04].
 +
 
 +
(2)  Section 24A shall apply to all premises, including those subject to the Commercial Premises (Lease Control) Act [Chapter 14:04].".
 +
 
 +
 +
 
 +
"24A Avoidance of leases of premises used as brothels
 +
 
 +
(1)  If an owner or lessor becomes aware that any premises leased by him or her are kept or used as a brothel (as defined in subsection (1) of section 61 of the Criminal Law Code) by or with the consent or acquiescence of the lessee, the lease shall be voidable at the instance of the owner or lessor, who may thereupon repossess the premises.
 +
 
 +
(2)  The reference in subsection (1) to a lease includes a sublease, and "lessee" and "lessor" shall be construed accordingly.
 +
 
 +
(3)  A magistrate shall have jurisdiction, on the application of the owner or lessor of any place within the magistrate's province which is being kept or used as a brothel, to order summary ejectment of any person who is so keeping or using the place.".
 +
 
 +
'''PART XX'''
 +
 
 +
'''MENTAL HEALTH ACT, 1996 (NO. 15 OF 1996)'''
 +
 
 +
1. In section 29 by the deletion from subsection (2) of "so as not to be responsible for the act" and the substitution of "so as to have a complete defence in terms of section 249 of the Criminal Law Code, 2002,".
 +
 
 +
 
 +
 
 +
"110A Application for sterilisation of mentally disordered or intellectually handicapped female person by parent, guardian, spouse etc.
 +
 
 +
(1)  The parent, guardian, spouse or any other person capable in law of giving consent on behalf of a mentally disordered or intellectually handicapped female person may apply to the High Court for an order authorising her sterilisation.
 +
 
 +
(2)  If the High Court is satisfied that?
 +
 
 +
(a) on the evidence of at least two medical practitioners, a female person is mentally disordered or intellectually handicapped, and that it is in her best interests that she should be sterilised;  and
 +
 
 +
(b) her parent, guardian, spouse or any other person capable in law of giving consent on her behalf has consented to her sterilisation;
 +
 
 +
the High Court may order that she should be sterilised.
 +
 
 +
(3)  Except as authorised by this section, no mentally disordered or intellectually handicapped female person shall be sterilised.".
 +
 
 +
SEVENTH SCHEDULE (Sections 283)
 +
 
 +
REPEALS
 +
 
 +
Aircraft (Offences) Act [Chapter 9:01]
 +
 
 +
Concealment of Birth Act [Chapter 9:04]
 +
 
 +
Infanticide Act [Chapter 9:12]
 +
 
 +
Miscellaneous Offences Act [Chapter 9:15]
 +
 
 +
Miscellaneous Offences Act [Chapter 68 of the 1974 Revised Edition of the Laws]
 +
 
 +
Witchcraft Suppression Act [Chapter 9:19]
 +
 
 +
Sexual Offences Act [Chapter 9:21]
 +
 
 +
----
 +
See [[Zimbabwe]]

Latest revision as of 10:36, 27 July 2010