(iii) occasions considerable material prejudice to the person entitled to own, possess or control the
property damaged or destroyed;
or
(b) the crime of malicious damage to property or negligently causing serious damage to property is
committed against property that is owned, possessed or controlled by the State, a statutory corporation
or a local authority.
144 Mistake of fact in relation to malicious damage to property
(1) It shall be a defence to a charge of malicious damage to property that the person charged damaged or
destroyed the property concerned, genuinely but mistakenly believing that
(a) the owner or person entitled to possess or control the property had consented to the damage or
destruction or would have consented if he or she had known of the circumstances; or
(b) the property was his or her own property and no other person was entitled to possess or control it; or
(c) the property had been finally and absolutely abandoned by its owner, that is, that the owner had thrown
it away or otherwise disposed of it intending to relinquish all his or her rights in it:
Provided that such a belief shall not be a defence to a charge of malicious damage to property unless, regard
being had to all the circumstances, the belief was reasonable.
(2) This section shall not be construed as limiting or excluding the application of Chapter XIV in relation to
malicious damage to property.
PART VI
HIJACKING AND OTHER C RIMES INVOLVING AIRCRAFT
145 Interpretation in Part VI of Chapter VI
(1) In this Part
“aircraft” means an aircraft to which this Part applies in terms of section one hundred and forty-six;
“crew”, in relation to an aircraft, means any person connected with the operation of the aircraft, and includes
flight attendants and air hostesses;
“dangerous goods” means
(a) firearms, ammunition, weapons and explosive substances; and
(b) substances and things which, by reason of their nature or condition, may endanger the safety of
an aircraft or of persons on board an aircraft.
(2) For the purposes of this Part
(a) the flight of an aircraft shall be deemed to have begun
(i) when the last external door of the aircraft is closed before the aircraft first moves for the purpose
of taking off from any place; or
(ii) where subparagraph (i) is not applicable, when the aircraft first moves for the purpose of taking
off from any place;
(b) the flight of an aircraft shall be deemed to have ended
(i) when the first external door of the aircraft is opened after the aircraft comes to rest for the first
time after the beginning of the flight; or
(ii) where subparagraph (i) is not applicable, when the aircraft comes to rest for the first time after
the beginning of its flight; or
(iii) where the aircraft is destroyed or the flight is abandoned before either subparagraph (i) or (ii)
becomes applicable, when the aircraft is destroyed or the flight is abandoned, as the case may be.
146 Application of Part VI of Chapter VI
This Part shall apply to
(a) all aircraft which are
(i) in or over Zimbabwe; or
(ii) outside Zimbabwe and engaged in a flight which began in Zimbabwe or which at its beginning
was intended to end in Zimbabwe; and
(b) all aircraft, wherever situated, which
(i) are registered or required to be registered in terms of the Civil Aviation Act [Chapter 13:16] or
any regulations made thereunder; or
(ii) belong to or are in the service of the State; or
(iii) belong to or for the time being are exclusively used by the Defence Forces or the Police Force.
147 Hijacking
Any person who, without lawful reason, takes or exercises control over an aircraft shall be guilty of hijacking
and liable to be sentenced to imprisonment for life or any shorter period.
Select target paragraph3
Add to table of contents