(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. 122 Pledge-taking cases (1) Where a person takes possession or control of property capable of being stolen which is owned, possessed or controlled by another person, intending to hold the property as a pledge or security pending the satisfaction of a debt owed by that other person, he or she shall not be chargeable with theft of the property or stock theft unless he or she intended to deprive the other person permanently of his or her ownership, possession or control of the property, but he or she may be charged with unauthorised borrowing or use of the property. (2) A person who takes property capable of being stolen, intending to deprive the owner permanently of his or her ownership, contrary to the terms on which the person received possession or control of it from the owner as a pledge or security pending the satisfaction of a debt owed to him or her, shall be chargeable with theft or stock theft, as the case may be. 123 Recent possession of stolen property (1) Subject to subsection (2), where a person is found in possession of property that has recently been stolen and the circumstances of the person’s possession are such that he or she may reasonably be expected to give an explanation for his or her possession, a court may infer that the person is guilty of either the theft of the property or stock theft, or of receiving it knowing it to have been stolen, whichever crime is the more appropriate on the evidence, if the person (a) cannot explain his or her possession; or (b) gives an explanation of his or her possession which is false or unreasonable. (2) A court shall not draw the inference referred to in subsection (1) unless the circumstances of the person’s possession of the property are such that, in the absence of an explanation from him or her, the only reasonable inference is that he or she is guilty of theft, stock theft or receiving stolen property knowing it to have been stolen, as the case may be. Division C: Receiving or possessing stolen property 124 Receiving stolen property knowing it to have been stolen (1) Any person who takes possession of stolen property (a) knowing that it has been stolen; or (b) realising that there is a real risk or possibility that it has been stolen; shall be guilty of receiving stolen property knowing it to have been stolen, and liable to