Criminal Law Code as at 1st March 2007 (c) killed a person; on the occasion on which the crime was committed. 127 Robbery where complainant abandons control over property It shall not be a defence to a charge of robbery that, when the accused took possession or control over the property, the person who had lawful control over it was no longer exercising such control, if⎯ (a) when the accused first used violence or the threat of violence, that other person was in control of the property; and (b) the effect of the violence or threat of violence was to render that other person unconscious or to cause him or her to run away or abandon the property or otherwise to render him or her incapable of exercising control over it. 128 Defences to charge of robbery A person accused of robbery shall be entitled to rely upon any defence that would have been available to the accused if he or she had been accused of theft of the property concerned. 129 Threat of future violence (1) The taking, dealing with, using or keeping of property by means of a threat of violence shall not constitute robbery unless the threat is of immediate violence, that is to say, is a threat that violence will be used immediately if control over the property is not surrendered. (2) Nothing in this section shall prevent a person who uses a threat of future violence to obtain control over property from being charged with extortion. PART II CRIMES INVOLVING ENTERING OR BEING IN OR ON PREMISES OR LAND 130 Interpretation in Part II of Chapter VI In this Part⎯ “enter”, in relation to any premises, land or enclosed area, includes⎯ (a) for the purposes of sections one hundred and thirty-one and one hundred and thirty-two, to insert any part of one’s body or an instrument into the premises, land or enclosed area; (b) to open or break open a door, window or gate or otherwise to remove an obstacle to entry into the premises, land or enclosed area; (c) to enter the premises, land or enclosed area without having removed an obstacle, as where entry is effected through an open door, window or gate; “lawful occupier”, in relation to any land, enclosed area or premises, means any person who has lawful authority to control entry into or access to the land, area or premises; “premises” means any movable or immovable building or structure which is used for human habitation or for storage, and includes an outbuilding, a shed, a caravan, a boat or a tent. - 77 -