Criminal Law Code as at 1st March 2007 (d) believed that the person entitled to own, possess or control the property had more property than he or she needed for his or her own purposes; or (e) did not intend to prejudice the person entitled to own, possess or control the property; or (f) in the case of a charge of theft or stock theft, intended to return the property to the person entitled to own, possess or control it, having originally taken it with the intention of permanently depriving that person of his or her ownership, possession or control; or (g) did not know the identity of the person entitled to own, possess or control the property. (2) Where a person holds trust property it shall not be a defence to a charge of theft, stock theft or unlawful borrowing or use of the property that the person genuinely but mistakenly believed that the law, in the absence of an express stipulation to the contrary under the terms on which he or she holds the property, allowed him or her to spend, consume or dispose of that property provided that he or she replaced it. (3) A court may regard the factors referred to in paragraphs (a), (b), (c) and (e) of subsection (1), and subsection (2), as mitigatory when assessing the sentence to be imposed upon a person convicted of theft, stock theft or unauthorised borrowing or use of property. 120 Joint ownership no defence It shall not be a defence to a charge of theft, stock theft or unauthorised borrowing or use of property that the accused was a co-owner of the property that forms the subject of the charge, whether the co-ownership arises through marriage or a partnership or otherwise, if⎯ (a) the taking, dealing with or using of the property was not authorised by any agreement between the accused and his or her co-owner, spouse or partner; and (b) in the case of a charge of theft or stock theft, the accused took, dealt with or used the property with the intention of depriving his or her co-owner, spouse or partner permanently of the ownership, possession or control of the property: Provided that no prosecution shall be instituted against a spouse for stealing or unlawfully borrowing or using property belonging to the other spouse or that forms part of the spouses’ joint estate, unless the Attorney-General has authorised such a prosecution. 121 Theft and stock theft continuing crimes (1) The crime of theft or stock theft continues to be committed by a thief even if the thief subsequently loses possession of the property he or she has stolen. (2) Regardless of whether a thief remains in possession of the property he or she has stolen⎯ (a) he or she may be tried for the theft or stock theft by any court within whose area of jurisdiction he or she possessed the stolen property, even if he or she originally stole the property outside the court’s area of jurisdiction or outside Zimbabwe; and (b) any person who assists him or her while he or she is in possession of the stolen property may be charged and convicted as an accomplice to the theft or stock theft. - 74 -