Criminal Law Code as at 1st March 2007 (2) In determining whether or not a disturbance of peace, security or order or an invasion of rights is sufficiently serious to constitute the crime of public violence, a court shall take into account all relevant factors, including the following⎯ (a) the nature and duration of the disturbance or invasion; (b) the motive of the persons involved in the disturbance or invasion; (c) whether the disturbance or invasion occurred in a public place or on private property; (d) whether or not the persons involved in the disturbance or invasion were armed and, if so, the nature of their weapons; (e) whether or not bodily injury or damage to property occurred in the course of or as a result of the disturbance or invasion; (f) whether or not there was an attack on the police or on other persons in lawful authority; (g) the manner in which the disturbance or invasion came to an end. (3) It shall be an aggravating circumstance if, in the course of or as a result of the public violence⎯ (a) there was an attack on the police or on other persons in lawful authority; or (b) bodily injury or damage to property occurred; or (c) the person who has been convicted of the crime instigated an attack on the police or other persons in lawful authority or instigated the infliction of bodily injury or the causing of damage to property. 37 Participating in gathering with intent to promote public violence, breaches of the peace or bigotry (1) Any person who— (a) acts together with one or more other persons present with him or her in any place or at any meeting with the intention or realising that there is a real risk or possibility of forcibly— (i) disturbing the peace, security or order of the public or any section of the public; or (ii) invading the rights of other people; or (b) acting together with one or more other persons present with him or her in any place or at any meeting performs any action, utters any words or distributes or displays any writing, sign or other visible representation that is obscene, threatening, abusive or insulting, intending thereby to provoke a breach of the peace or realising that there is a risk or possibility that a breach of the peace may be provoked; or (c) acting together with one or more other persons present with him or her in any place or at any meeting utters any words or distributes or displays any writing, sign or other visible representation— (i) with the intention to engender, promote or expose to hatred, contempt or ridicule any group, section or class of persons in Zimbabwe solely on account - 34 -