Difference between revisions of "Zimbabwe Criminal Code"

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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.
 
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
+
'''Division A: Defence Relating to Voluntary Conduct'''
PART II
+
 
AUTOMATISM
+
'''PART II'''
216 Involuntary conduct
+
 
 +
'''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;
 +
 
 +
(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.
 
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
+
(a) the compulsion took the form of a threat unlawfully to kill the accused or some other person immediately if the accused did not kill or assist in killing the deceased;  and
(c) the accused had no warning of the threat referred to in paragraph (a) to enable him or her to forestall it, whether by reporting the matter to the police or by other means.
+
 
 +
(b) the accused could not escape from or resist the threat referred to in paragraph (a);  and
 +
 
 +
(c) the accused had no warning of the threat referred to in paragraph (a) to enable him or her to forestall it, whether by reporting the matter to the police or by other means.
 +
 
 
(2)  If the requirements referred to or specified in subsection (1) are satisfied, the defence of compulsion shall be a complete defence to a charge of murder, whether the accused is charged as an actual perpetrator or as an accomplice.
 
(2)  If the requirements referred to or specified in subsection (1) are satisfied, the defence of compulsion shall be a complete defence to a charge of murder, whether the accused is charged as an actual perpetrator or as an accomplice.
  
PART XII
+
'''PART XII'''
CONSENT
+
 
245 Requirements for consent to be complete defence
+
'''CONSENT'''
 +
 
 +
'''245 Requirements for consent to be complete defence'''
 +
 
 
(1)  Subject to this Part, where a person consents to any conduct which is likely to cause harm to his or her person, proprietary rights or other interests, his or her consent shall be a complete defence to a charge against any other person alleging the commission of a crime of which that conduct forms an essential element, if?
 
(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
 +
 
 +
(c) the suppression of a riot or public disturbance or public violence;  or
 +
 
 +
(d) the prevention of a disturbance within or escape from a prison;
 +
 
 
"disciplined force" means?
 
"disciplined force" means?
(a) the Defence Forces;  or
+
 
(b) the Police Force;  or
+
(a) the Defence Forces;  or
(c) the Prison Service;  or
+
 
(d) any other force organised by the State which has as its sole or main object the preservation of public security and of law and order in Zimbabwe;
+
(b) the Police Force;  or
 +
 
 +
(c) the Prison Service;  or
 +
 
 +
(d) any other force organised by the State which has as its sole or main object the preservation of public security and of law and order in Zimbabwe;
 +
 
 
"lawful order" means any command, direction or order?
 
"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
+
(a) wantonly or mischievously?
(ii) makes any noise or disturbance or plays any musical instrument or wireless in a public place;  or
+
 
(iii) knocks at doors;  or
+
(i) rings any bell;  or
(iv) throws any property from any place;  or
+
 
(v) removes any property from any place;  or
+
(ii) makes any noise or disturbance or plays any musical instrument or wireless in a public place;  or
(vi) dislodges or disfigures any property;  or
+
 
(vii) gives a false alarm of fire;  or
+
(iii) knocks at doors;  or
(viii) does any act of a like nature;
+
 
(b) wantonly or mischievously provokes any animal;
+
(iv) throws any property from any place;  or
(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;
+
(v) removes any property from any place;  or
(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;
+
(vi) dislodges or disfigures any property;  or
(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;
+
(vii) gives a false alarm of fire;  or
(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;
+
(viii) does any act of a like nature;
(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;
+
(b) wantonly or mischievously provokes any animal;
(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;
+
(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;
(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;
+
(d) rides or drives any animal upon any pavement;
(q) skates in or upon any street, road, thoroughfare, sidewalk or pavement;
+
 
(r) allows to be at large any unmuzzled ferocious dog;
+
(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;
(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:
+
(f) encumbers or obstructs the free passage along any street, road, thoroughfare, sidewalk or pavement;
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;
+
(g) allows any refuse, excrement or other offensive material to be spilt or thrown into or on a public place;
(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;
+
 
 +
(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.
 
shall be guilty of criminal nuisance.
  
FOURTH SCHEDULE (Section 275)
+
== FOURTH SCHEDULE (Section 275) ==
PERMISSIBLE VERDICTS
+
 
Section and Crime Charged Permissible Verdict
+
===PERMISSIBLE VERDICTS===
 +
 
 +
'''Section and Crime Charged Permissible Verdict'''
 +
 
 
20 Treason (a) Attempted murder;
 
20 Treason (a) Attempted murder;
 +
 
(b) Concealing treason;
 
(b) Concealing treason;
 +
 
(c) Subverting constitutional government;
 
(c) Subverting constitutional government;
 +
 
(d) Insurgency, banditry, sabotage or terrorism;
 
(d) Insurgency, banditry, sabotage or terrorism;
 +
 
(e) Possessing weaponry for insurgency, banditry, sabotage or terrorism;
 
(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).
 
(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).
 +
 
21 Concealing treason Harbouring, concealing or failing to report insurgent, bandit, saboteur or terrorist.
 
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.
 
22 Subverting constitutional government Causing disaffection among Police Force or Defence Forces.
 +
 
23 Insurgency, banditry, sabotage or terrorism (a) Possessing weaponry for insurgency, banditry, sabotage or terrorism;
 
23 Insurgency, banditry, sabotage or terrorism (a) Possessing weaponry for insurgency, banditry, sabotage or terrorism;
 +
 
(b) Recruiting or training insurgents, bandits, saboteurs or terrorists;
 
(b) Recruiting or training insurgents, bandits, saboteurs or terrorists;
 +
 
(c)_ Hijacking;
 
(c)_ Hijacking;
 +
 
(d) Attempted murder;
 
(d) Attempted murder;
 +
 
(e) Rape;
 
(e) Rape;
 +
 
(f) Robbery;
 
(f) Robbery;
 +
 
(g) Malicious damage to property;
 
(g) Malicious damage to property;
 +
 
(h) Public violence;
 
(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).
 
(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;
 
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;
 
(b) Supplying weaponry to insurgents, bandits, saboteurs or terrorists;
 +
 
(c) Harbouring, concealing or failing to report insurgent, bandit, saboteur or terrorist;
 
(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).
 +
 
25 Training as insurgent, bandit, saboteur or terrorist (a) Recruiting or training insurgents, bandits, saboteurs or terrorists;
 
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).
 
(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;
 
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).
 
(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;
 
27 Possessing weaponry for insurgency, banditry, sabotage or terrorism (a) Supplying weaponry to insurgents, bandits, saboteurs or terrorists;
 +
 
(b) Possessing dangerous weapons;
 
(b) Possessing dangerous weapons;
 +
 
(c) Possessing firearms or ammunition without a certificate in contravention of section 4 of the Firearms Act [Chapter 10:09;]
 
(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).
 
(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;
 
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;
 
(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).
 
(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;
 
31 Publishing or communicating false statements prejudicial to the State (a) Incitement to commit murder;
 +
 
(b) Criminal defamation;
 
(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).
 +
 
36 Public violence (a) Attempted murder;
 
36 Public violence (a) Attempted murder;
 +
 
(b) Robbery;
 
(b) Robbery;
 +
 
(c) Malicious damage to property;
 
(c) Malicious damage to property;
 +
 
(d) Disrupting a public gathering;
 
(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).
 
(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).
 +
 
47 Murder (a) Infanticide;
 
47 Murder (a) Infanticide;
 +
 
(b) Culpable homicide;
 
(b) Culpable homicide;
 +
 
(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).
 +
 
47 Attempted murder Assault
 
47 Attempted murder Assault
 +
 
48 Infanticide (a) Culpable homicide;
 
48 Infanticide (a) Culpable homicide;
 +
 
(b) Unlawful termination of pregnancy;
 
(b) Unlawful termination of pregnancy;
 +
 
(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).
 +
 
49 Culpable homicide (a) Inciting suicide;
 
49 Culpable homicide (a) Inciting suicide;
 +
 
(b) Rape;
 
(b) Rape;
 +
 
(c) Public violence;
 
(c) Public violence;
 +
 
(d) Unlawful termination of pregnancy;
 
(d) Unlawful termination of pregnancy;
 +
 
(e) Assault;
 
(e) Assault;
 +
 
(f) Threatening to commit murder;
 
(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)
 
(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)
 +
 
50 Inciting or assisting suicide (a) Attempted murder;
 
50 Inciting or assisting suicide (a) Attempted murder;
 +
 
(b) Culpable homicide;
 
(b) Culpable homicide;
 +
 
(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).
 +
 
60 Unlawful termination of pregnancy (a) Assault;
 
60 Unlawful termination of pregnancy (a) Assault;
 +
 
(b) Indecent assault;
 
(b) Indecent assault;
 +
 
(c) Concealing birth of child;
 
(c) Concealing birth of child;
 +
 
(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).
 +
 
65 Rape (a) Aggravated indecent assault;
 
65 Rape (a) Aggravated indecent assault;
 +
 
(b) Indecent assault;
 
(b) Indecent assault;
 +
 
(c) Sexual intercourse with or indecent assault of young person;
 
(c) Sexual intercourse with or indecent assault of young person;
 +
 
(d) Sexual intercourse within a prohibited degree of relationship;
 
(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).
 +
 
65 Attempted rape (a) Assault;
 
65 Attempted rape (a) Assault;
 +
 
(b) Indecent assault;
 
(b) Indecent assault;
 +
 
66 Aggravated indecent assault Indecent assault
 
66 Aggravated indecent assault Indecent assault
 +
 
67 Indecent assault (a) Sexual intercourse with or performing an indecent act with a young person;
 
67 Indecent assault (a) Sexual intercourse with or performing an indecent act with a young person;
 +
 
(b) Criminal insult;
 
(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) 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;
 
70 Sexual intercourse or performing an indecent act with a young person (a) Indecent assault;
 +
 
(b) Sexual intercourse within a prohibited degree of relationship;
 
(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).
 
(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;
 
73 Sodomy (a) Indecent assault;
 +
 
(b) Any crime of which a person might be convicted if he or she were charged with 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;
 
75 Sexual intercourse within a prohibited degree of relationship (a) Indecent assault;
 +
 
(b) Sexual intercourse or performing an indecent act with a young person;
 
(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).
 
(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;
 
82 Living off or facilitating prostitution (a) Soliciting;
 +
 
(b) Procuring;
 
(b) Procuring;
 +
 
(c) Detaining a person for purpose of engaging in unlawful sexual conduct;
 
(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).
 
(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;
 
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;
 
(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).
 
(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;
 
89 Assault (a) Negligently causing serious bodily harm;
 +
 
(b) Disorderly conduct in public place;
 
(b) Disorderly conduct in public place;
 +
 
(c) Possessing a dangerous weapon;
 
(c) Possessing a dangerous weapon;
 +
 
(d) Dealing in or possession of prohibited knives.
 
(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).
 
(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 a child Kidnapping or unlawful detention of an adult
 +
 
93 Kidnapping or unlawful detention of an adult Kidnapping or unlawful detention of a child
 
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
 
99 Indicating witches and wizards Using non- natural means to resolve crimes or delicts
 +
 
113 Theft (a) Unauthorised borrowing or use of property;
 
113 Theft (a) Unauthorised borrowing or use of property;
 +
 
(b) Making off without payment;
 
(b) Making off without payment;
 +
 
(c) Receiving stolen property knowing it to have been stolen;
 
(c) Receiving stolen property knowing it to have been stolen;
 +
 
(d) Malicious damage to property;
 
(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).
 
(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];
 
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].
 
(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;
 
117 Making off without payment (a) Theft;
 +
 
(b) Unauthorised borrowing or use of property;
 
(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)
 
(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;
 
124 Receiving stolen property knowing it to have been stolen Theft;
 +
 
Unauthorised borrowing or use of property;
 
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).
 
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;
 
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];
 
(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) 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;
 
126 Robbery (a) Assault;
 +
 
(b) Threatening to commit murder;
 
(b) Threatening to commit murder;
 +
 
(c) Theft;
 
(c) Theft;
 +
 
(d) Making off without payment;
 
(d) Making off without payment;
 +
 
(e) Extortion;
 
(e) Extortion;
 +
 
(f) Malicious damage to property;
 
(f) Malicious damage to property;
 +
 
(g) Assault and theft;
 
(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).
 
(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;
 
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.
 
(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;
 
132 Criminal trespass (a) Possessing an article for criminal use;
 +
 
(b) Malicious damage to property.
 
(b) Malicious damage to property.
 +
 
134 Extortion (a) Attempted murder;
 
134 Extortion (a) Attempted murder;
 +
 
(b) Assault;
 
(b) Assault;
 +
 
(c) Theft;
 
(c) Theft;
 +
 
(d) Malicious damage to property;
 
(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).
 
(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;
 
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;
 
(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.
 
(c) Any crime of which a person might be convicted if he or she were charged with theft.
 +
 
147 Hijacking (a) Attempted murder;
 
147 Hijacking (a) Attempted murder;
 +
 
(b) Kidnapping or unlawful detention;
 
(b) Kidnapping or unlawful detention;
 +
 
(c) Robbery;
 
(c) Robbery;
 +
 
(d) Damaging destroying or prejudicing the safe operation of an aircraft;
 
(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).
 
(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;
 
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;
 
(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;
 
149 Assaulting, intimidating or threatening a person on an aircraft (a) Placing or carrying dangerous goods on an aircraft;
 +
 
(b) Assault;
 
(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).
 
(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;
 
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.
 
(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;
 
151 Threatening harm in relation to an aircraft (a) Threatening to commit murder;
 +
 
(b) Extortion;
 
(b) Extortion;
 +
 
(c) Attempted malicious damage to property;
 
(c) Attempted malicious damage to property;
 +
 
(d) Falsely threatening harm in relation to an aircraft;
 
(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).
 
(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;
 
170 Bribery (a) Corruptly using a false document;
 +
 
(b) Corruptly concealing a transaction from a principal;
 
(b) Corruptly concealing a transaction from a principal;
 +
 
(c) Corruptly concealing from a principal a personal interest in a transaction;
 
(c) Corruptly concealing from a principal a personal interest in a transaction;
 +
 
(d) Criminal abuse of duty as a public officer;
 
(d) Criminal abuse of duty as a public officer;
 +
 
(e) Extortion;
 
(e) Extortion;
 +
 
(f) Theft.
 
(f) Theft.
 +
 
171 Corruptly using a false document (a) Bribery;
 
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.
 
(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;
 
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.
 
(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;
 
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.
 
(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;
 
174 Criminal abuse of duty as a public officer (a) Bribery;
 +
 
(b) Theft;
 
(b) Theft;
 +
 
(c) Extortion;
 
(c) Extortion;
 +
 
(d) Any crime of which a person might be convicted if he or she were charged with bribery.
 
(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
+
== FIFTH SCHEDULE (Sections 281 and 284 (2)) ==
Common law crime Corresponding crime in Code
+
 
 +
===CORRESPONDENCE OF COMMON LAW CRIMES WITH CODIFIED CRIMES===
 +
 
 +
'''Common law crime Corresponding crime in Code'''
 +
 
 
Abduction Kidnapping or unlawful detention
 
Abduction Kidnapping or unlawful detention
 +
 
Abortion Unlawful termination of pregnancy
 
Abortion Unlawful termination of pregnancy
 +
 
Administering a poisonous or noxious substance Assault
 
Administering a poisonous or noxious substance Assault
 +
 
Arson Malicious damage to property
 
Arson Malicious damage to property
 +
 
Assault with intent to inflict grievous bodily harm Assault
 
Assault with intent to inflict grievous bodily harm Assault
 +
 
Bestiality Bestiality
 
Bestiality Bestiality
 +
 
Bigamy Bigamy
 
Bigamy Bigamy
 +
 
Blasphemy Causing offence to persons of a particular race, religion, etc.
 
Blasphemy Causing offence to persons of a particular race, religion, etc.
 +
 
Bribery Bribery
 
Bribery Bribery
 +
 
Common assault Assault
 
Common assault Assault
 +
 
Compounding Defeating or obstructing the course of justice
 
Compounding Defeating or obstructing the course of justice
 +
 
Contempt of court Contempt of court
 
Contempt of court Contempt of court
 +
 
Crimen injuria Criminal insult
 
Crimen injuria Criminal insult
 +
 
Criminal defamation Criminal defamation
 
Criminal defamation Criminal defamation
 +
 
Culpable homicide Culpable homicide
 
Culpable homicide Culpable homicide
 +
 
Defeating or obstructing the course of justice Defeating or obstructing the course of justice
 
Defeating or obstructing the course of justice Defeating or obstructing the course of justice
 +
 
Exposing an infant Exposing an infant
 
Exposing an infant Exposing an infant
 +
 
Extortion Extortion
 
Extortion Extortion
 +
 
Forgery Forgery
 
Forgery Forgery
 +
 
Fraud Fraud
 
Fraud Fraud
 +
 
Housebreaking with intent to commit a crime Unlawful entry into premises
 
Housebreaking with intent to commit a crime Unlawful entry into premises
 +
 
Incest Sexual intercourse within a prohibited degree of relationship
 
Incest Sexual intercourse within a prohibited degree of relationship
 +
 
Indecent assault Aggravated indecent assault
 
Indecent assault Aggravated indecent assault
 +
 
Indecent assault
 
Indecent assault
 +
 
Kidnapping Kidnapping or unlawful detention
 
Kidnapping Kidnapping or unlawful detention
 +
 
Malicious injury to property Malicious damage to property
 
Malicious injury to property Malicious damage to property
 +
 
Murder Murder
 
Murder Murder
 +
 
Infanticide
 
Infanticide
 +
 
Offence against nature (unnatural offence) Sodomy
 
Offence against nature (unnatural offence) Sodomy
 +
 
Perjury Perjury
 
Perjury Perjury
 +
 
Public indecency Public indecency
 
Public indecency Public indecency
 +
 
Public violence Public violence
 
Public violence Public violence
 +
 
Rape Rape
 
Rape Rape
 +
 
Receiving stolen property knowing it to be stolen Receiving stolen property knowing it to have been stolen
 
Receiving stolen property knowing it to be stolen Receiving stolen property knowing it to have been stolen
 +
 
Robbery Robbery
 
Robbery Robbery
 +
 
Sedition Subverting constitutional government
 
Sedition Subverting constitutional government
 +
 
Public violence
 
Public violence
 +
 
Sodomy Sodomy
 
Sodomy Sodomy
 +
 
Subornation of perjury Incitement of or being an accomplice to perjury
 
Subornation of perjury Incitement of or being an accomplice to perjury
 +
 
Theft Theft
 
Theft Theft
 +
 
Stock theft
 
Stock theft
 +
 
Theft by false pretences Theft
 
Theft by false pretences Theft
 +
 
Treason Treason
 
Treason Treason
 +
 
Concealing treason
 
Concealing treason
 +
 
Uttering Fraud
 
Uttering Fraud
 +
 
Violating a dead body Violating corpses
 
Violating a dead body Violating corpses
 +
 
Violating a grave Violating graves
 
Violating a grave Violating graves
  
SIXTH SCHEDULE (Section 282)
+
== SIXTH SCHEDULE (Section 282) ==
AMENDMENT OF VARIOUS ACTS
+
 
PART I
+
===AMENDMENT OF VARIOUS ACTS===
INTERPRETATION ACT [CHAPTER 1:01]
+
 
 +
'''PART I'''
 +
 
 +
'''INTERPRETATION ACT [CHAPTER 1:01]'''
 +
 
  
  
  
" "Criminal Law Code" means the Criminal Law (Codification and Reform) Act [Chapter 9:23];";
+
 
 +
"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".
 
(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".
PART II
+
 
BURIAL AND CREMATION ACT [CHAPTER 5:03]
+
'''PART II'''
By the repeal of section 8.
+
 
PART III
+
'''BURIAL AND CREMATION ACT [CHAPTER 5:03]'''
CUSTOMARY MARRIAGES ACT [CHAPTER 5:07]
+
 
1. In section 11 by the repeal of subsection (2).
+
'''By the repeal of section 8.'''
+
 
 +
'''PART III'''
 +
 
 +
'''CUSTOMARY MARRIAGES ACT [CHAPTER 5:07]'''
 +
 
 +
1. In section 11 by the repeal of subsection (2).
 +
 
 +
 
 +
 
 
"15A Legality of marriages between persons within certain degrees of affinity or consanguinity
 
"15A Legality of marriages between persons within certain degrees of affinity or consanguinity
 +
  
(a) no persons who are related to each other in any degree of relationship specified in subsection (2) of section 75 of the Criminal Law Code shall be capable of contracting a valid marriage, unless, in the case of persons who are related to each other as first or second cousins, they satisfy the customary marriage officer that they belong to a community referred to in subsection (3) of section 75 of the Criminal Law Code;
+
 
(b) persons who are related to each other by affinity shall be capable of contracting a valid marriage if the affinity relationship between them is not one described in paragraph (b) or (j) of subsection (2) of section 75 of the Criminal Law Code.
+
(a) no persons who are related to each other in any degree of relationship specified in subsection (2) of section 75 of the Criminal Law Code shall be capable of contracting a valid marriage, unless, in the case of persons who are related to each other as first or second cousins, they satisfy the customary marriage officer that they belong to a community referred to in subsection (3) of section 75 of the Criminal Law Code;
 +
 
 +
(b) persons who are related to each other by affinity shall be capable of contracting a valid marriage if the affinity relationship between them is not one described in paragraph (b) or (j) of subsection (2) of section 75 of the Criminal Law Code.
 +
 
 
(2)  Subsection (2) of section 24 of the Marriage Act [Chapter 5:11] shall apply to persons who marry or purport to marry in contravention of paragraph (i) of subsection (2) of section 75 of the Criminal Law Code.
 
(2)  Subsection (2) of section 24 of the Marriage Act [Chapter 5:11] shall apply to persons who marry or purport to marry in contravention of paragraph (i) of subsection (2) of section 75 of the Criminal Law Code.
 +
 
(3)  For the avoidance of doubt it is declared that a marriage between persons who are related to each other as first or second cousins shall not be void or voidable if such marriage was contracted before the date of commencement of the Criminal Law Code.".
 
(3)  For the avoidance of doubt it is declared that a marriage between persons who are related to each other as first or second cousins shall not be void or voidable if such marriage was contracted before the date of commencement of the Criminal Law Code.".
PART IV
+
 
MARRIAGE ACT [CHAPTER 5:11]
+
'''PART IV'''
 +
 
 +
'''MARRIAGE ACT [CHAPTER 5:11]'''
 +
 
  
 +
 
"24 Legality of marriages between persons within certain degrees of affinity or consanguinity
 
"24 Legality of marriages between persons within certain degrees of affinity or consanguinity
 +
  
(a) no persons who are related to each other in any degree of relationship specified in subsection (2) of section 75 of the Criminal Law Code shall be capable of contracting a valid marriage, unless, in the case of persons who are related to each other as first or second cousins, they satisfy the marriage officer that they belong to a community referred to in subsection (3) of section 75 of the Criminal Law Code;
+
 
(b) persons who are related to each other by affinity shall be capable of contracting a valid marriage if the affinity relationship between them is not one described in paragraph (b) or (j) of subsection (2) of section 75 of the Criminal Law Code.
+
(a) no persons who are related to each other in any degree of relationship specified in subsection (2) of section 75 of the Criminal Law Code shall be capable of contracting a valid marriage, unless, in the case of persons who are related to each other as first or second cousins, they satisfy the marriage officer that they belong to a community referred to in subsection (3) of section 75 of the Criminal Law Code;
 +
 
 +
(b) persons who are related to each other by affinity shall be capable of contracting a valid marriage if the affinity relationship between them is not one described in paragraph (b) or (j) of subsection (2) of section 75 of the Criminal Law Code.
 +
 
  
(a) the parties knew or realised that there was a real risk or possibility that they were related to each other as first or second cousins, such marriage shall be void;
+
 
(b) one of the parties knew or realised that there was a real risk or possibility that they were related to each other as first or second cousins, such marriage shall be voidable at the instance of the party who was not so aware within twelve months from the time when he or she became so aware;
+
(a) the parties knew or realised that there was a real risk or possibility that they were related to each other as first or second cousins, such marriage shall be void;
(c) the parties did not know or realise that there was a real risk or possibility that they were related to each other as first or second cousins, such marriage shall not be void or voidable.
+
 
 +
(b) one of the parties knew or realised that there was a real risk or possibility that they were related to each other as first or second cousins, such marriage shall be voidable at the instance of the party who was not so aware within twelve months from the time when he or she became so aware;
 +
 
 +
(c) the parties did not know or realise that there was a real risk or possibility that they were related to each other as first or second cousins, such marriage shall not be void or voidable.
 +
 
 
(3)  For the avoidance of doubt it is declared that a marriage between persons who are related to each other as first or second cousins shall not be void or voidable if such marriage was contracted before the date of commencement of the Criminal Law Code.".
 
(3)  For the avoidance of doubt it is declared that a marriage between persons who are related to each other as first or second cousins shall not be void or voidable if such marriage was contracted before the date of commencement of the Criminal Law Code.".
PART V
+
 
MAGISTRATES COURT ACT [CHAPTER 7:10]
+
'''PART V'''
 +
 
 +
'''MAGISTRATES COURT ACT [CHAPTER 7:10]'''
 +
 
  
 +
  
+
 
(i) imprisonment for a period not exceeding twenty years;
+
 
(ii) a fine not exceeding level fourteen;
+
 
or both such fine and such imprisonment;
+
(i) imprisonment for a period not exceeding twenty years;
(b) a regional magistrate in respect of the offence prescribed or any offender referred to in section 78 ("Deliberate infection of another with a sexually-transmitted disease") or 79 ("Deliberate transmission of HIV") of the Criminal Law Code, the penalties prescribed in those provisions;
+
 
+
(ii) a fine not exceeding level fourteen;
(i) imprisonment for a period not exceeding ten years;
+
 
(ii) a fine not exceeding level twelve;
+
or both such fine and such imprisonment;
or both such fine and such imprisonment;
+
 
+
(b) a regional magistrate in respect of the offence prescribed or any offender referred to in section 78 ("Deliberate infection of another with a sexually-transmitted disease") or 79 ("Deliberate transmission of HIV") of the Criminal Law Code, the penalties prescribed in those provisions;
(i) imprisonment for a period not exceeding fifteen years;
+
 
(ii) a fine not exceeding level thirteen;
+
 
or both such fine and such imprisonment:
+
 
 +
(i) imprisonment for a period not exceeding ten years;
 +
 
 +
(ii) a fine not exceeding level twelve;
 +
 
 +
or both such fine and such imprisonment;
 +
 
 +
 
 +
 
 +
(i) imprisonment for a period not exceeding fifteen years;
 +
 
 +
(ii) a fine not exceeding level thirteen;
 +
 
 +
or both such fine and such imprisonment:
 +
 
 
Provided that nothing in this subsection shall be construed as authorising any magistrate to impose for any such offence or contravention a punishment greater than that prescribed by the Criminal Law Code for such offence or contravention.
 
Provided that nothing in this subsection shall be construed as authorising any magistrate to impose for any such offence or contravention a punishment greater than that prescribed by the Criminal Law Code for such offence or contravention.
 +
  
 +
  
 +
 
(a) a contravention of section 65 ("Rape"), 66 ("Aggravated indecent assault"), 67 ("Indecent assault"), 70 ("Sexual intercourse or performing indecent acts with a young person"), 73 ("Sodomy"), 74 ("Bestiality"), 75 ("Sexual intercourse within a prohibited degree of relationship") or 76 ("Complicity in sexual crimes") of the Criminal Law Code;  or
 
(a) a contravention of section 65 ("Rape"), 66 ("Aggravated indecent assault"), 67 ("Indecent assault"), 70 ("Sexual intercourse or performing indecent acts with a young person"), 73 ("Sodomy"), 74 ("Bestiality"), 75 ("Sexual intercourse within a prohibited degree of relationship") or 76 ("Complicity in sexual crimes") of the Criminal Law Code;  or
 +
 
(b) an attempt to commit an offence referred to in paragraph (a).".
 
(b) an attempt to commit an offence referred to in paragraph (a).".
PART VI
+
 
PRISONS ACT [CHAPTER 7:11]
+
'''PART VI'''
1. In section 93 in subsection (1) by the deletion from paragraph (a) of "two years" and the substitution of "seven years".
+
 
2. By the repeal of Part XVI.
+
'''PRISONS ACT [CHAPTER 7:11]'''
PART VII
+
 
CRIMINAL PROCEDURE AND EVIDENCE ACT [CHAPTER 9:07]
+
1. In section 93 in subsection (1) by the deletion from paragraph (a) of "two years" and the substitution of "seven years".
+
 
 +
2. By the repeal of Part XVI.
 +
 
 +
'''PART VII'''
 +
 
 +
'''CRIMINAL PROCEDURE AND EVIDENCE ACT [CHAPTER 9:07]'''
 +
 
 +
 
 +
 
 
"31A Arrest by persons in charge of ship, boat or aircraft
 
"31A Arrest by persons in charge of ship, boat or aircraft
 +
 
(1)  The commander or person in charge of any ship, boat or aircraft may without warrant arrest any person whom he knows or on reasonable grounds believes to have committed, to be committing or to be about to commit an offence aboard the ship, boat or aircraft.
 
(1)  The commander or person in charge of any ship, boat or aircraft may without warrant arrest any person whom he knows or on reasonable grounds believes to have committed, to be committing or to be about to commit an offence aboard the ship, boat or aircraft.
 +
 
(2)  A commander or person in charge of any ship, boat or aircraft may authorise any member of the crew of the ship, boat or aircraft or any passenger aboard the ship, boat or aircraft to assist him in arresting any person in terms of subsection (1), and the member of the crew or the passenger so authorised shall have the same power to effect the arrest as the commander or person in charge of the ship, boat or aircraft.".
 
(2)  A commander or person in charge of any ship, boat or aircraft may authorise any member of the crew of the ship, boat or aircraft or any passenger aboard the ship, boat or aircraft to assist him in arresting any person in terms of subsection (1), and the member of the crew or the passenger so authorised shall have the same power to effect the arrest as the commander or person in charge of the ship, boat or aircraft.".
+
 
 +
 
 +
 
 
"Provided that the arresting officer or other officer in authority over him or her shall, at intervals of not less than forty-eight hours beginning on the date when the order or warrant for the person's further detention is issued, make a report to the Attorney-General on the progress of the investigations into the charge or charges against the person in detention, and if the Attorney-General is satisfied on the basis of any such report that the person's detention is no longer justified, the Attorney-General may order the immediate and unconditional release of the detained person.".
 
"Provided that the arresting officer or other officer in authority over him or her shall, at intervals of not less than forty-eight hours beginning on the date when the order or warrant for the person's further detention is issued, make a report to the Attorney-General on the progress of the investigations into the charge or charges against the person in detention, and if the Attorney-General is satisfied on the basis of any such report that the person's detention is no longer justified, the Attorney-General may order the immediate and unconditional release of the detained person.".
+
 
 +
 
 +
 
 
"Provided that the arresting officer or other officer in authority over him or her shall, at intervals of not less than forty-eight hours beginning on the date when the order for the person's further detention is issued, make a report to the Attorney-General on the progress of the investigations into the charge or charges against the person in detention, and if the Attorney-General is satisfied on the basis of any such report that the person's detention is no longer justified, the Attorney-General may order the immediate and unconditional release of the detained person."."
 
"Provided that the arresting officer or other officer in authority over him or her shall, at intervals of not less than forty-eight hours beginning on the date when the order for the person's further detention is issued, make a report to the Attorney-General on the progress of the investigations into the charge or charges against the person in detention, and if the Attorney-General is satisfied on the basis of any such report that the person's detention is no longer justified, the Attorney-General may order the immediate and unconditional release of the detained person."."
4. By the repeal of section 44.
+
 
+
4. By the repeal of section 44.
 +
 
 +
 
 +
 
 
"62A Forfeiture of unlawful consideration in cases of bribery
 
"62A Forfeiture of unlawful consideration in cases of bribery
 +
 
(1)  In this section, "agent" and "principal" shall have the meaning given to those terms by section 169 of the Criminal Law Code.
 
(1)  In this section, "agent" and "principal" shall have the meaning given to those terms by section 169 of the Criminal Law Code.
 +
 
(2)  Where a court has convicted a person of bribery and does not exercise its powers in terms of section 62 to declare any consideration unlawfully obtained by the convicted person to be forfeited to the State, the court may, in addition to passing sentence give summary judgment in favour of?
 
(2)  Where a court has convicted a person of bribery and does not exercise its powers in terms of section 62 to declare any consideration unlawfully obtained by the convicted person to be forfeited to the State, the court may, in addition to passing sentence give summary judgment in favour of?
(a) the convicted person's principal, where the convicted person was an agent when the crime was committed;  or
+
 
(b) in any other case, the State;
+
(a) the convicted person's principal, where the convicted person was an agent when the crime was committed;  or
 +
 
 +
(b) in any other case, the State;
 +
 
 
for an amount equal to the value of the consideration unlawfully received by the convicted person, together with interest, calculated from the date on which the convicted person received the consideration, at the highest rate permissible in terms of the Moneylending and Rates of Interest Act [Chapter 14:14].
 
for an amount equal to the value of the consideration unlawfully received by the convicted person, together with interest, calculated from the date on which the convicted person received the consideration, at the highest rate permissible in terms of the Moneylending and Rates of Interest Act [Chapter 14:14].
 +
 
(3)  A judgment given by a court in terms of subsection (1) shall have the same effect and may be executed in the same manner as if the judgment had been given in a civil action instituted in the court:
 
(3)  A judgment given by a court in terms of subsection (1) shall have the same effect and may be executed in the same manner as if the judgment had been given in a civil action instituted in the court:
 +
 
Provided that, in the case of a judgment given by the court of a regional magistrate, a copy of the judgment, certified by the clerk of such court, shall be forwarded to the court of the provincial magistrate for the province in which the trial took place and thereupon shall be recorded and have the same effect as a civil judgment of the court of such magistrate.".
 
Provided that, in the case of a judgment given by the court of a regional magistrate, a copy of the judgment, certified by the clerk of such court, shall be forwarded to the court of the provincial magistrate for the province in which the trial took place and thereupon shall be recorded and have the same effect as a civil judgment of the court of such magistrate.".
6. In section 146 ("Essentials of indictment, summons or charge") by the insertion of the following subsections after subsection (3):
+
 
 +
6. In section 146 ("Essentials of indictment, summons or charge") by the insertion of the following subsections after subsection (3):
 +
 
 
"(4)  Where a person is charged with a crime listed in the first column of the Second Schedule to the Criminal Law Code, it shall be sufficient to charge him or her with that crime by its name only.
 
"(4)  Where a person is charged with a crime listed in the first column of the Second Schedule to the Criminal Law Code, it shall be sufficient to charge him or her with that crime by its name only.
 
(5)  No indictment, summons or charge alleging the commission of a crime mentioned in subsection (4) shall be held to be defective on account of a failure to mention the section of the Criminal Law Code under which the crime is set forth.".
 
(5)  No indictment, summons or charge alleging the commission of a crime mentioned in subsection (4) shall be held to be defective on account of a failure to mention the section of the Criminal Law Code under which the crime is set forth.".
+
 
 +
 
 +
 
 
"207 Conviction for part of crime charged
 
"207 Conviction for part of crime charged
 +
 
For the avoidance of doubt it is declared that where a court finds that part but not all of the facts of an offence charged have been proved, it shall nevertheless convict the accused of that offence if the facts that are proved disclose all the essential elements of that offence."."
 
For the avoidance of doubt it is declared that where a court finds that part but not all of the facts of an offence charged have been proved, it shall nevertheless convict the accused of that offence if the facts that are proved disclose all the essential elements of that offence."."
+
 
 +
 
 +
 
 
"302A Testing of persons accused of sexual offences for HIV infection
 
"302A Testing of persons accused of sexual offences for HIV infection
 +
  
 +
 
"accused person" means a person accused of committing a sexual offence;
 
"accused person" means a person accused of committing a sexual offence;
 +
 
"designated person" means a member of a class of persons designated for the purposes of this section by the Minister responsible for health by notice in a statutory instrument;
 
"designated person" means a member of a class of persons designated for the purposes of this section by the Minister responsible for health by notice in a statutory instrument;
 +
  
(a) rape;  or
+
 
(b) aggravated indecent assault;  or
+
(a) rape;  or
(c) sexual intercourse or performing an indecent act with a young person, involving any penetration of any part of his or her or another person's body that incurs a risk of transmission of HIV;  or
+
 
(d) deliberate transmission of HIV;  or
+
(b) aggravated indecent assault;  or
(e) an attempt to commit an offence specified in paragraph (a), (b), (c) or (d).
+
 
 +
(c) sexual intercourse or performing an indecent act with a young person, involving any penetration of any part of his or her or another person's body that incurs a risk of transmission of HIV;  or
 +
 
 +
(d) deliberate transmission of HIV;  or
 +
 
 +
(e) an attempt to commit an offence specified in paragraph (a), (b), (c) or (d).
 +
 
 
(2)  For the purposes of section 80 of the Criminal Law Code ("Sentence for certain crimes where accused is infected with HIV"), and without derogation from any other law, when an accused person is first brought before a court for remand on a charge of committing a sexual offence, or at any later stage, the court shall direct that an appropriate sample or samples be taken from the accused person, at such place and subject to such conditions as the court may direct, for the purpose of ascertaining whether or not he or she is infected with HIV.
 
(2)  For the purposes of section 80 of the Criminal Law Code ("Sentence for certain crimes where accused is infected with HIV"), and without derogation from any other law, when an accused person is first brought before a court for remand on a charge of committing a sexual offence, or at any later stage, the court shall direct that an appropriate sample or samples be taken from the accused person, at such place and subject to such conditions as the court may direct, for the purpose of ascertaining whether or not he or she is infected with HIV.
 +
 
(3)  Where a court has given a direction under subsection (2), any medical practitioner or designated person shall, if so requested in writing by a police officer above the rank of constable, take an appropriate sample from the accused person, and may use such force as is reasonably necessary in order to take the sample:
 
(3)  Where a court has given a direction under subsection (2), any medical practitioner or designated person shall, if so requested in writing by a police officer above the rank of constable, take an appropriate sample from the accused person, and may use such force as is reasonably necessary in order to take the sample:
 +
 
Provided that the medical practitioner or designated person may decline to take an appropriate sample in terms of this subsection if he or she considers that such taking would be prejudicial to the health or proper care or treatment of the accused person.
 
Provided that the medical practitioner or designated person may decline to take an appropriate sample in terms of this subsection if he or she considers that such taking would be prejudicial to the health or proper care or treatment of the accused person.
 +
  
(a) shall consist of blood, urine or other tissue or substance as may be determined by the medical practitioner or designated person concerned, in such quantity as is reasonably necessary for the purpose of determining whether or not the accused person is infected with HIV; and
+
 
(b) in the case of a blood or tissue sample, shall be taken from a part of the accused person's body selected by the medical practitioner or designated person concerned in accordance with accepted medical practice.
+
(a) shall consist of blood, urine or other tissue or substance as may be determined by the medical practitioner or designated person concerned, in such quantity as is reasonably necessary for the purpose of determining whether or not the accused person is infected with HIV; and
 +
 
 +
(b) in the case of a blood or tissue sample, shall be taken from a part of the accused person's body selected by the medical practitioner or designated person concerned in accordance with accepted medical practice.
 +
 
 
(5)  The sample or samples taken from an accused person in terms of this section shall be tested for HIV as soon as possible and be stored at an appropriate place until the conclusion of the trial:
 
(5)  The sample or samples taken from an accused person in terms of this section shall be tested for HIV as soon as possible and be stored at an appropriate place until the conclusion of the trial:
 +
  
(i) the results of the testing shall not be revealed at any time before or during the trial, and only be revealed after the conclusion of the trial if the accused person is convicted of a sexual offence;
+
 
(ii) every sample taken from an accused person in terms of this section shall be destroyed if the accused person is acquitted.
+
(i) the results of the testing shall not be revealed at any time before or during the trial, and only be revealed after the conclusion of the trial if the accused person is convicted of a sexual offence;
 +
 
 +
(ii) every sample taken from an accused person in terms of this section shall be destroyed if the accused person is acquitted.
 +
 
  
(a) the State;  or
+
 
(b) any Minister;  or
+
(a) the State;  or
(c) any medical practitioner or designated person;
+
 
 +
(b) any Minister;  or
 +
 
 +
(c) any medical practitioner or designated person;
 +
 
 
in respect of any detention, injury or loss caused by or in connection with the taking of an appropriate sample in terms of subsection (3), unless the taking was unreasonable or done in bad faith or the person who took the sample acted negligently.
 
in respect of any detention, injury or loss caused by or in connection with the taking of an appropriate sample in terms of subsection (3), unless the taking was unreasonable or done in bad faith or the person who took the sample acted negligently.
 +
 
(7)  Any person who, without reasonable excuse, hinders or obstructs the taking of an appropriate sample in terms of subsection (3) shall be guilty of an offence and liable to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both.
 
(7)  Any person who, without reasonable excuse, hinders or obstructs the taking of an appropriate sample in terms of subsection (3) shall be guilty of an offence and liable to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both.
9. In section 323 ("Previous conviction not to be charged in indictment") by the deletion of "It" and the substitution of "Except where the fact of a previous conviction is an essential element of the offence with which a person is charged, it".
+
 
10. By the repeal of sections 346A and 360.
+
9. In section 323 ("Previous conviction not to be charged in indictment") by the deletion of "It" and the substitution of "Except where the fact of a previous conviction is an essential element of the offence with which a person is charged, it".
+
 
 +
10. By the repeal of sections 346A and 360.
 +
 
 +
 
 +
 
  
 +
  
 +
  
(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.";
 +
 
 
(b) by the repeal of subsection (2);
 
(b) by the repeal of subsection (2);
 +
 
(c) in subsection (3) by the deletion from proviso (5) of "in terms of subsection (6)" and the substitution of "in his personal capacity";
 
(c) in subsection (3) by the deletion from proviso (5) of "in terms of subsection (6)" and the substitution of "in his personal capacity";
 +
 
(d) by the repeal of subsections (6) and (8);
 
(d) by the repeal of subsections (6) and (8);
 +
 
(e) in subsection (9)?
 
(e) in subsection (9)?
(i) by the deletion of "mentioned in subsection (8)";
+
 
(ii) by the insertion after "agent of the association" of ", including the accused".
+
(i) by the deletion of "mentioned in subsection (8)";
+
 
 +
(ii) by the insertion after "agent of the association" of ", including the accused".
 +
 
 +
 
 +
 
 
"THIRD SCHEDULE (Sections 116 and 123)
 
"THIRD SCHEDULE (Sections 116 and 123)
OFFENCES IN RESPECT OF WHICH POWER TO ADMIT PERSONS TO BAIL IS EXCLUDED OR QUALIFIED
+
 
 +
== OFFENCES IN RESPECT OF WHICH POWER TO ADMIT PERSONS TO BAIL IS EXCLUDED OR QUALIFIED ==
 +
 
 
1. Murder.
 
1. Murder.
 +
 
2. Rape or aggravated indecent assault.
 
2. Rape or aggravated indecent assault.
 +
 
3. Robbery committed in aggravating circumstances as provided in section 126 (3) of the Criminal Law Code.
 
3. Robbery committed in aggravating circumstances as provided in section 126 (3) of the Criminal Law Code.
 +
 
4. Kidnapping or unlawful detention.
 
4. Kidnapping or unlawful detention.
 +
 
5. Malicious damage to property committed in aggravating circumstances as provided in section 143 of the Criminal Law Code.
 
5. Malicious damage to property committed in aggravating circumstances as provided in section 143 of the Criminal Law Code.
 +
 
6. Theft of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11].
 
6. Theft of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11].
 +
 
7. A conspiracy, incitement or attempt to commit any offence referred to in paragraph 1 to 6.
 
7. A conspiracy, incitement or attempt to commit any offence referred to in paragraph 1 to 6.
 +
 
8. Any offence where the Attorney-General has notified a magistrate of his intention to indict the person concerned in terms of subsection (1) of section one hundred and one or subsection (1) of section one hundred and ten.
 
8. Any offence where the Attorney-General has notified a magistrate of his intention to indict the person concerned in terms of subsection (1) of section one hundred and one or subsection (1) of section one hundred and ten.
 +
 
9. Contravening section 20, 21, 22, 23, 24, 25, 26, 27 or 29 of the Criminal Law Code.".
 
9. Contravening section 20, 21, 22, 23, 24, 25, 26, 27 or 29 of the Criminal Law Code.".
+
 
 +
 
 +
 
 
"FIFTH SCHEDULE (Section 132)
 
"FIFTH SCHEDULE (Section 132)
OFFENCES IN CONNECTION WITH WHICH BAIL MAY NOT
+
 
BE GRANTED IN TERMS OF SECTION 132 (1)
+
== OFFENCES IN CONNECTION WITH WHICH BAIL MAY NOTBE GRANTED IN TERMS OF SECTION 132 (1) ==
1. Murder.
+
 
2. Rape or aggravated indecent assault.
+
1. Murder.
3. Robbery.
+
 
4. Assault in which a dangerous injury is inflicted.
+
2. Rape or aggravated indecent assault.
5. Malicious damage to property committed in aggravating circumstances as provided in section 143 of the Criminal Law Code.
+
 
6. Unlawful entry into premises committed in aggravating circumstances as provided in section 131 (2) of the Criminal Law Code.
+
3. Robbery.
7. Theft, making off without payment, receiving any stolen property knowing it to have been stolen, fraud or forgery, if the amount or value involved in any such offence exceeds five hundred thousand dollars.
+
 
8. Stock theft.
+
4. Assault in which a dangerous injury is inflicted.
9. Any offence under any enactment relating to the unlawful possession of, or dealing in, precious metals or precious stones.
+
 
10. Any offence relating to the coinage or banknotes.
+
5. Malicious damage to property committed in aggravating circumstances as provided in section 143 of the Criminal Law Code.
11. Contravening section 20, 21, 22, 23, 24, 25, 26, 27 or 29 of the Criminal Law Code."
+
 
12. Any conspiracy, incitement or attempt to commit an offence specified in paragraphs 1 to 11.".
+
6. Unlawful entry into premises committed in aggravating circumstances as provided in section 131 (2) of the Criminal Law Code.
+
 
(a) by the insertion in paragraph 2 after "rape" of "or aggravated indecent assault";
+
7. Theft, making off without payment, receiving any stolen property knowing it to have been stolen, fraud or forgery, if the amount or value involved in any such offence exceeds five hundred thousand dollars.
+
 
"7. Malicious damage to property committed in aggravating circumstances as provided in section 143 of the Criminal Law Code.";
+
8. Stock theft.
+
 
"9. Forgery.
+
9. Any offence under any enactment relating to the unlawful possession of, or dealing in, precious metals or precious stones.
10. Unlawful entry into premises committed in aggravating circumstances as provided in section 131 (2) of the Criminal Law Code.
+
 
11. Theft, stock theft, making off without payment or receiving any stolen property knowing it to have been stolen.".
+
10. Any offence relating to the coinage or banknotes.
 +
 
 +
11. Contravening section 20, 21, 22, 23, 24, 25, 26, 27 or 29 of the Criminal Law Code."
 +
 
 +
12. Any conspiracy, incitement or attempt to commit an offence specified in paragraphs 1 to 11.".
 +
 
 +
 
 +
 
 +
(a) by the insertion in paragraph 2 after "rape" of "or aggravated indecent assault";
 +
 
 +
 
 +
 
 +
"7. Malicious damage to property committed in aggravating circumstances as provided in section 143 of the Criminal Law Code.";
 +
 
 +
 
 +
 
 +
"9. Forgery.
 +
 
 +
10. Unlawful entry into premises committed in aggravating circumstances as provided in section 131 (2) of the Criminal Law Code.
 +
 
 +
11. Theft, stock theft, making off without payment or receiving any stolen property knowing it to have been stolen.".
 +
 
  
  
 
"NINTH SCHEDULE (Sections 25 (1) (a) and 32)
 
"NINTH SCHEDULE (Sections 25 (1) (a) and 32)
OFFENCES INVOLVING CORRUPTION, ORGANISED CRIME OR HARM TO THE NATIONAL ECONOMY
+
 
 +
== 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.
 
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].
 
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].
 
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.
 
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.
 
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*
 
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
 
(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
 
(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.
 
(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.
 
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*
 
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;
 
(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;
 
(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;
 
(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;
 
(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.
 
(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.
 
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].
 
10. Theft of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11].
 +
 
11. Theft or forgery of*
 
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
 
(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
 
(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
 
(c) any passport, identity document or drivers licence issued by a foreign government;  or
 +
 
(d) a vehicle registration plate;  or  
 
(d) a vehicle registration plate;  or  
 +
 
(e) any documentation relating to the registration or insurance of a motor vehicle.
 
(e) any documentation relating to the registration or insurance of a motor vehicle.
 +
 
12. Stock theft involving a bovine or equine animal.
 
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.".
 
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]
+
'''PART VIII'''
1. By the repeal of sections 3, 4 and 5.
+
 
+
'''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;";
+
 
 +
"(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)".
 
(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) any contravention of Chapter IX ("Bribery and Corruption") of the Criminal Law Code; or";
 +
 
 +
 
 +
 
 
(a) by the repeal of subsection (2);
 
(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".
 
(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]
+
'''PART IX'''
+
 
 +
'''STOCK THEFT ACT [CHAPTER 9:18]'''
 +
 
 +
 
 +
 
 
"1 Short title
 
"1 Short title
 +
 
This Act may be cited as the Stock Theft Prevention Act [Chapter 9:18].".
 
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.
+
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
 
"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.".".
 
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.
+
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.".
PART X
+
 
ANTI-CORRUPTION COMMISSION ACT [CHAPTER 9:22]
+
6. By the repeal of sections 11 and 12.
+
 
"(a) any offence referred to in Chapter IX ("Bribery and Corruption") of the Criminal Law Code;  and".
+
'''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;
 
(a) any offence related to corruption;
 +
 
(b) contravening section 63 ("Money-laundering") of the Serious Offences (Confiscation of Profits) Act [Chapter 9:17];
 
(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];
 
(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;
 
(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;
 
(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*
 
(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
 
(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
 
(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;
 
(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;
 
(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*
 
(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;
 
(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;
 
(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;
 
(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;
 
(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;
 
(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;
 
(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];
 
(j) theft of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11];
 +
 
(k) theft or forgery of*
 
(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
 
(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
 
(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
 
(iii) any passport, identity document or drivers licence issued by a foreign government;  or
 +
 
(iv) a vehicle registration plate;  or  
 
(iv) a vehicle registration plate;  or  
 +
 
(v) any documentation relating to the registration or insurance of a motor vehicle;
 
(v) any documentation relating to the registration or insurance of a motor vehicle;
 +
 
(l) stock theft involving a bovine or equine animal;
 
(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).".
 
(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]
+
'''PART XI'''
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.
+
'''PUBLIC ORDER AND SECURITY ACT [CHAPTER 11:07]'''
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").
+
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".
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.
+
2. By the repeal of section 3.
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".".
+
 
+
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";
 
(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)";
 
(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".
+
(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)";
PART XII
+
 
POLICE ACT [CHAPTER 11:10]
+
(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
 
"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.".
 
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]
+
'''PART XIII'''
 +
 
 +
'''INLAND WATERS SHIPPING ACT [CHAPTER 13:06]'''
 +
 
  
 +
 
"53A Use of vessel and interference therewith without owner's consent
 
"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;
+
(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:
 
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.
 
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.
 
(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
 
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.
 
(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.".
 
(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]
+
'''PART XIV'''
 +
 
 +
'''TOURISM ACT [CHAPTER 14:20]'''
 +
 
 
By the repeal of section 58.
 
By the repeal of section 58.
PART XV
+
 
DANGEROUS DRUGS ACT [CHAPTER 15:03]
+
'''PART XV'''
+
 
 +
D'''ANGEROUS 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)  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
 
"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).".
 
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).
+
3. By the repeal of Part III.
+
 
"PART V
+
4. In section 10 by the repeal of subsection (2).
CONTROL OF DANGEROUS DRUGS
+
 
 +
 
 +
 
 +
'''PART V'''
 +
 
 +
'''CONTROL OF DANGEROUS DRUGS'''
 +
 
 
13 Interpretation in Part V
 
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 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 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;
 
"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 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;
 
"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;
 
"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;
 
"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.
 
"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
 
14 Specification of dangerous drugs
 +
 
(1)  Part I of the Schedule specifies dangerous drugs in compliance with the 1961, 1971 and 1988 Conventions
 
(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.
 
(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;
+
(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.
 
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.
 
(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.
 
(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
 
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.
+
(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.
 
(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.
 
(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
 
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;
+
(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.
 
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.
 
(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) 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;
+
(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.
 
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.
 
(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.
 
(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
 
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;
+
(a) prohibit, control or restrict the cultivation, production, possession, sale, use or distribution of coca bushes, cannabis plants and raw opium;
(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;
+
(b) prescribe measures to be taken for the eradication of plants, to which regulations made under paragraph (a) apply, found to be growing wild;
(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;
+
(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;
(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;
+
(d) prohibit the manufacture, sale or distribution of a Part I scheduled drug except by persons licensed or otherwise authorized under the regulations;
(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;
+
(e) require precautions for the safe custody of Part I scheduled drugs;
(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.
+
(f) require the packaging and labelling of Part I scheduled drugs and specify the manner of such packaging and labelling;
(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.
+
(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;
+
(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.
 
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
 
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:
+
(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;
+
(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.
 
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.
 
(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.
 
(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.
 
(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.
 
(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.
 
(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
 
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.
+
(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.
 
(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
 
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.
 
(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.
 
(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
 
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.
 
(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:
 
(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.
 
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.
 
(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.
 
(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).
 
(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.
 
(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.
 
(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
 
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:
 
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.
 
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
 
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.".
 
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).
+
6. By the repeal of section 17.
8. By the repeal of sections 20 to 25.
+
 
+
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)
 
"SCHEDULE (Section 14)
 +
 
SCHEDULED DRUGS
 
SCHEDULED DRUGS
PART I
+
 
DANGEROUS DRUGS SPECIFIED IN COMPLIANCE WITH 1961, 1971 AND 1988 CONVENTIONS
+
'''PART I'''
 +
 
 +
'''DANGEROUS DRUGS SPECIFIED IN COMPLIANCE WITH 1961, 1971 AND 1988 CONVENTIONS'''
 +
 
  
 +
 
Acetorphine; Acetyldihydrocodeine; Acetylmethadol; Alfentanil; Allylprodine; Alphacetylmethadol; Alphameprodine; Alphamethadol; Alphaprodine; Anileridine.
 
Acetorphine; Acetyldihydrocodeine; Acetylmethadol; Alfentanil; Allylprodine; Alphacetylmethadol; Alphameprodine; Alphamethadol; Alphaprodine; Anileridine.
 +
 
Benzethidine; Benzylmorphine; Betacetylmethadol; Betameprodine; Betamethadol; Betaprod; Bezitramide.
 
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.
+
 
 +
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.
 
Ecgonine and the esters and derivatives thereof which are convertible to ecgonine and cocaine; Ethylmethylthiambutene; Ethylmorphine; Etonitazene; Etorphine; Etoxeridine.
 +
 
Fentanyl; Furethidine.
 
Fentanyl; Furethidine.
 +
 
Hydrocodone (dihydrocodeinone); Hydromorphinol (14- hydroxydihydromorphine); Hydromorphone (dihydromorphinone); Hydroxypethidine.
 
Hydrocodone (dihydrocodeinone); Hydromorphinol (14- hydroxydihydromorphine); Hydromorphone (dihydromorphinone); Hydroxypethidine.
 +
 
Isomethadone.
 
Isomethadone.
 +
 
Ketobemidone.
 
Ketobemidone.
 +
 
Levomoramide; Levophenacylmorphan; Levorphanol.
 
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).
+
 
 +
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.
 
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).
 
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.
 
Racemoramide; Racemorphan.
 +
 
Sufentanil.
 
Sufentanil.
 +
 
Thebacon; Thebaine; Tilidine; Trimeperidine.
 
Thebacon; Thebaine; Tilidine; Trimeperidine.
  
 
2.  Unless expressly excluded, all substances included in this Part include the following:
 
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;
+
(a) the isomers of the specified substances, where the existence of such 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.
+
(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;
PART II
+
 
OTHER DANGEROUS DRUGS
+
(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
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
+
(d) all preparations and mixtures of the specified substances and of the isomers, esters, ethers and salts referred to in this paragraph.
MEDICINES AND ALLIED SUBSTANCES CONTROL ACT [CHAPTER 15:03]
+
 
 +
'''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.
 
By the repeal of Part V.
PART XVII
+
 
PUBLIC HEALTH ACT [CHAPTER 15:09]
+
'''PART XVII'''
 +
 
 +
'''PUBLIC HEALTH ACT [CHAPTER 15:09]'''
 +
 
 
By the repeal of section 50.
 
By the repeal of section 50.
PART XVIII
+
 
TERMINATION OF PREGNANCY ACT [CHAPTER 15:10]
+
'''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.".
 
" "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]
+
'''PART XIX'''
1. By the deletion of the title of Part VI and the substitution of "Rent Control and Avoidance of Certain Leases".
+
 
+
'''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
 
"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].
 
(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].".
 
(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
 
"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.
 
(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.
 
(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.".
 
(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
+
'''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,".
+
'''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.
 
"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.
 
(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)  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;
+
(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.
 
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.".
 
(3)  Except as authorised by this section, no mentally disordered or intellectually handicapped female person shall be sterilised.".
  
 
SEVENTH SCHEDULE (Sections 283)
 
SEVENTH SCHEDULE (Sections 283)
 +
 
REPEALS
 
REPEALS
 +
 
Aircraft (Offences) Act [Chapter 9:01]
 
Aircraft (Offences) Act [Chapter 9:01]
 +
 
Concealment of Birth Act [Chapter 9:04]
 
Concealment of Birth Act [Chapter 9:04]
 +
 
Infanticide Act [Chapter 9:12]
 
Infanticide Act [Chapter 9:12]
 +
 
Miscellaneous Offences Act [Chapter 9:15]
 
Miscellaneous Offences Act [Chapter 9:15]
 +
 
Miscellaneous Offences Act [Chapter 68 of the 1974 Revised Edition of the Laws]
 
Miscellaneous Offences Act [Chapter 68 of the 1974 Revised Edition of the Laws]
 +
 
Witchcraft Suppression Act [Chapter 9:19]
 
Witchcraft Suppression Act [Chapter 9:19]
 +
 
Sexual Offences Act [Chapter 9:21]
 
Sexual Offences Act [Chapter 9:21]
 +
 +
----
 +
See [[Zimbabwe]]

Latest revision as of 10:36, 27 July 2010