Criminal Law Code as at 1st March 2007 (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 CRIMES 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⎯ - 84 -

Select target paragraph3

Add to table of contents