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.
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