Criminal Law Code as at 1st March 2007 “unregistered customary law marriage” means a marriage celebrated according to customary law but not solemnised in terms of the Customary Marriages Act [Chapter 5:07]. (2) A reference in this Code or any other enactment to any of the crimes mentioned in the first column of the Second Schedule shall be construed as referring to those crimes as defined in the provisions of this Code mentioned opposite thereto in the second column. (3) Where the determination of the age of a person is relevant for the purposes of this Code, a person shall be deemed to have attained a specified age on the commencement of the relevant anniversary of the day of his or her birth. 3 Roman-Dutch criminal law no longer to apply (1) The non-statutory Roman-Dutch criminal law in force in the Colony of the Cape of Good Hope on the 10th June, 1891, as subsequently modified in Zimbabwe, shall no longer apply within Zimbabwe to the extent that this Code expressly or impliedly enacts, re-enacts, amends, modifies or repeals that law. (2) Subsection (1) shall not prevent a court, when interpreting any provision of this Code, from obtaining guidance from judicial decisions and legal writings on relevant aspects of⎯ (a) the criminal law referred to in subsection (1); or (b) the criminal law that is or was in force in any country other than Zimbabwe. 4 Application of Code to other enactments (1) Subject to subsection (2), nothing in this Code shall affect the liability, trial and punishment of any person for a crime in terms of any other enactment. (2) Unless otherwise expressly provided in the enactment concerned, section five and Chapters II and XII to XVI of this Code shall apply to the determination of criminal liability of a person in terms of any other enactment. 5 Territoriality of crimes (1) A person may be tried, convicted and punished for a crime, whether in terms of this Code or any other enactment, where the crime or an essential element of the crime was⎯ (a) committed wholly inside Zimbabwe; or (b) committed partly outside Zimbabwe, if the conduct that completed the crime took place inside Zimbabwe; or (c) committed wholly or partly outside Zimbabwe, if the crime⎯ (i) is a crime against public security in Zimbabwe or against the safety of the State of Zimbabwe; or (ii) is a crime which⎯ A. has produced a harmful effect in Zimbabwe; or B. was intended to produce a harmful effect in Zimbabwe; or C. was committed with the realisation that there was a real risk or possibility that it might produce a harmful effect in Zimbabwe. 3 Definition into operation 3rd February, 2006, together with definition of "level", supra, s. 280 and First Schedule, by virtue of s. 11(2) of General Laws Amendment Act, 2005 (No. 6 of 2005). - 18 -