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Criminal Law Codification Overview

The Criminal Law Codification and Reform Act [Chapter 9:23] outlines definitions, responsibilities, and legal implications related to various crimes, including murder, sexual offenses, and corporate governance. It specifies the legal definitions of terms such as 'director', 'prostitute', and 'young person', and details the conditions under which individuals may be prosecuted or defend themselves in court. Additionally, the Act addresses issues of liability, causation, and the jurisdiction of Zimbabwean courts over crimes committed abroad.

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0% found this document useful (0 votes)
10 views9 pages

Criminal Law Codification Overview

The Criminal Law Codification and Reform Act [Chapter 9:23] outlines definitions, responsibilities, and legal implications related to various crimes, including murder, sexual offenses, and corporate governance. It specifies the legal definitions of terms such as 'director', 'prostitute', and 'young person', and details the conditions under which individuals may be prosecuted or defend themselves in court. Additionally, the Act addresses issues of liability, causation, and the jurisdiction of Zimbabwean courts over crimes committed abroad.

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itai t
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

CRIMINAL LAW CODIFICATION AND REFORM ACT

[CHAPTER 9:23]

1. According to the Criminal Codification and Reform Act [chapter 9:23], a


school teacher means
(A) The Headmaster
(B) The Head of the institution
(C) A school teacher employed at the respective school
(D) The head or deputy head of the school

2. In prosecuting corporations (corporate bodies), the following shall be


considered a ‘director’ a person who ………….
(i) Controls or governs that corporate body
(ii) The managing director of the corporate body and his deputies
(iii) Is a member of a body or group of persons which controls or governs
that corporate body, whether lawfully or otherwise
(iv) Any director who sits on the boards of the respective corporate body
(v) Where there is no body or group who is a member

(A) (i); (ii) and (v)


(B) (ii); (iii) and (iv)
(C) (i); (iii) and (v)
(D) (iv) only

3. In deciding whether or not there is a causal link between a person’s conduct


and the death of another person, a court of law shall be guided by non of the
following factors except
(A) A subsequent event which is normal, that is to say, which is likely in
light of human experience to follow the conduct, may be regarded as
breaking the causal link unless it was planned or anticipated by the
person responsible for the conduct
(B) It is within the range of ordinary human experience that
particular persons may suffer from ailments of physical
suscebilities which make them more liable than other persons
to die from assaults or some other unlawful conduct
(C) The conduct of the person concerned in relation to cause of the death
of the deceased
(D) Takes cognizance of all of the above said factors

4. In terms of sexual crimes and Crimes against morality, the term ‘place’
includes
(i) House
(ii) Any premises
(iii) Enclosure
(iv) Any caravan or vehicle
(v) Boat or trailer
(vi) Vehicle or boat

(A) (ii); (iii) and (vi)


(B) (i); (ii); (iii) and (v)
(C) (i); (iii) and (vi)
(D) (i); (ii) and (iii)

5. According to the Criminal Codification and reform Act [chapter 9:23], a


person charged with murder, infanticide or culpable homicide mistakenly
believed that a person whose death he/she caused was someone else shall
raise a defence of
(A) Mistaken identity
(B) Not constitute a defence to the charge
(C) Compulsion
(D)Mistake of fact or identity

6. A person may be found guilty as an accessory after the fact to a crime even
if……
(A) The actual perpetrator is unaware of any assistance rendered
by the person
(B) He does not understand the legality of his actions
(C) He did not actually participate in the crime committed due to his
mental disorder
(D) None of the above

57. A qualified person in relation to any medical treatment or operation


means….
(A) A certified medical practitioner
(B) A Government medical officer
(C) A person who by virtue of his/her qualifications or training, is
in all the circumstances qualified to give medical treatment or
perform the medical operation
(D) A medically certified person who is a specialist in a specified medical
area and is duly registered to so practice with the Health Professions
Council of Zimbabwe

58. What is the correct title of our new criminal code?


(A) Criminal Law (Reform) Act Chapter 9:23
(B) Criminal Law (Codified and Reform) Act Chapter 9:23
(C) Criminal Law (Codification and Reform Act)
(D) Criminal Law (Codification and Reform) Act [Chapter 9:23]

59. John forces Mary to suck his penis. What offence, if any has he committed?
(A) No offence
(B) Aggravated Indecent assault
(C) Indecent Assault
(D) None of the above

60. According to the Criminal Law Codification and Reform Act,[Chapter 9:23],
the following acts constitute Criminal nuisance
(i) Rings any bell
(ii) Goes about scolding people
(iii) Knocks at doors
(iv) Does any act of a like nature
(v) Utters insulting words in the public
(vi) Skates in or upon any street, road, thoroughfare, sidewalk or pavement

(A) (i);(ii);(iii) and (vi)


(B) (i);(iii);(iv) and (vi)
(C) (ii);(v) and (vi)
(D) (i);(ii);(iii);(iv) and (v)

61 The corresponding crime in the code for violating a grave is…


(A) Violating a dead body
(B) Violating graves
(C) Violating Corpses
(D) Violating corpses and graves

62. The following offences are in connection with which bail may not be granted
in terms of section 132(1) of the Criminal Law Codification and Reform Act
[Chapter 9:23]
(i) Murder
(ii) Culpable Homicide
(iii) Any conspiracy, incitement or attempt to commit an offence specified
in paragraphs 1 to 13
(iv) Robbery
(vi) Stock Theft

(A) (i);(iii);(iv) and (v)


(B) (i);(ii);(iii) and (iv)
(C) (ii);(iii) and (v)
(D) (iv) only

63. A person accused of robbery shall be entitled to rely upon a certain defence if
he/she had been accused of theft of the property concerned. What is the
defence that the accused will rely upon?
(A) Mistake of fact
(B) Mistake of law
(C) Provocation
(D) Any defence that would have been available.

64. A parent, guardian, spouse or any person capable in law of giving consent on
behalf of a mentally disordered or intellectually handicapped female person
may apply for an order authorizing her sterilisation. To which of the following
authority can this be applied?
(A) Secretary of Home Affairs
(B) Secretary of the Ministry of Health
(C) The High Court
(D) None of the above

65. With reference to the Criminal Law Codification and Reform Act, Chapter
9:23, the term “prostitute” means…
(A) A male or female person
(B) Female person only
(C) Male person only
(D) None of the above

66. According to Criminal Law Codification and Reform Act, Chapter 9:23, who is
a young person with reference to sexual crimes?
(A) A girl under the age of 16
(B) A boy or girl under the age of 16
(C) A young person below 16 years Ans; boy/girl under 16 years
(D) None

67. Johaness forces Sarah to have sexual intercourse with him per anum realizing
that she has not consented. What offence, if any has he committed?
(A) Rape
(B) Indecent Assault
(C) Aggravated Indecent Assault
(D) No Offence

68. According to the Criminal Codification and Reform Act, Chapter 9:23, the
incapacity of a child between the age of seven and below the age of fourteen
may be rebutted if, at the time of the commission of the offence for which
such child is charged …
(i) To interpret the illegality of his actions
(ii) To be capable of conforming with the requirements of the law
(iii) To assist a mature person to commit a fifth schedule offence
(iv) To understand that his/her conduct was unlawful or morally wrong
(v) These minors are never criminally liable
(vi) To meet the requirements of the test for objectivity and subjectivity or
realizing that there is a real risk or possibility of committing an offence
in the circumstance
(A) (i);(ii);(iv) and (vi)
(B) (ii) and (iv) only
(C) (i);(iii) and (iv)
(D)(iv);(v) and (iv)

69. With reference to hijacking and other crimes involving aircraft, the term
‘crew’ means…
(A) The Pilot, engine men and flight lieutenants
(B) The Pilot and flight lieutenants
(C) Any official on the flight including air hostess
(D) Any person connected with the operation of the aircraft, and
includes flight attendants and air hostess.

70. Which of the following people can make an application to the High Court for
the removal from life support in respect of a terminally patient?
(i) Spouse
(ii) Brother
(iii) Parent
(iv) Tutor
(v) Person in-charge of hospital
(A) (ii); (iii);(iv) and (v)
(B) None of them
(C) (iii) only
(D) All of them

71. Martha kills a child within 8 months of its birth when her balance of mind is
still disturbed by the effects of giving birth. What offence, if any has she
committed?
(A) No offence
(B) Murder
(C) Infanticide
(D) Concealing birth
72. According to the Criminal Law Codification and Reform Act, [Chapter 9:23],
the permissive verdicts for corruptly using a false document are…
(i) Fraud
(ii) Uttering a forged document
(iii) Bribery
(iv) Corruptly using a false document
(v) Corruptly concealing a transaction from a principal
(vi) Any crime of which a person might be convicted if he/she were
charged with bribery

(A) (iii) and (vi) only


(B) (i) ;( ii) ;( iii) and (vi)
(C) (i) ;( iii) ;( iv) and (v)
(D) (ii) ;( iii) ;( iv) and (vi)

73. A person convicted of attempted murder or of incitement or conspiracy to


commit murder shall be liable to be sentenced
(A) To imprisonment for life or any shorter period
(B) To death if there are extenuating factors in the circumstances
(C) To death or to imprisonment for life or any shorter period
(D) To death in all circumstances

74. With reference to sexual intercourse within a prohibited degree of


relationship, the term ‘second cousin’ in relation to any person means
(A) The child or any descendent of the child of the uncle or aunt of such
person
(B) The Child or any descendant of the child of the great uncle or
great aunt of such person
(C) The child or any descendant of any uncle, aunt or great uncle or great
aunt.
(D) The child or descendant of any uncle or any aunt

75. In proving the crime of perjury, a statement shall be false by reason of…
(A) Containing false facts about an issue
(B) Omission of facts relevant to proving pertinent ideas
(C) Omission of facts as well and insertion of untrue or incorrect facts
(D) Omission of facts as well as by assertion of untrue or incorrect
facts
76. The Criminal Law Codification and Reform Act,[Chapter 9:23], defines a
‘person’ as in relation to…
(A) Any person who is living and capable of standing trial either as an
accused or witness
(B) A person against whose property or other interests a crime is
committed, and includes the State.
(C) A person against whose or other interests a crime is committed
includes the State.
(D) Any person against whom an offence has been committed and
including the States

77. According to the Criminal Law Codification and Reform Act,[Chapter 9:23], in
what circumstance is a person compelled to give evidence in incriminating
himself?
(A) In all cases involving sexual intercourse with a person within a
prohibited degree of relationship
(B) In all cases of rape involving his blood child
(C) In all cases of sexual nature involving immediate daughters
(D) In no cases at all

78. Henry incites his wife to kill herself because she has HIV and AIDS. What
offence has he committed if there is any?
(A) No Offence
(B) Murder
(C) Inciting or assisting suicide
(D) Domestic Violence

79. Stanley kills his wife because she has requested to be killed and is terminally
ill with so much pain. What offence, if any has he committed?
(A) Mercy killing
(B) Murder
(C) Inciting the suicide
(D) No offence

80. The Criminal Law Codification and Reform Act [Chapter 9:23], poppy straw as

(A) Powdered or granulated opium that also includes medical opium
(B) All parts (except the seeds) of the opium poppy after mowing
(C) The plant of the species Papaver Somniferous L
(D) Coagulated juice of the opium poppy

81. What is the correct position of the Roman Dutch Law now?
(A) The non-statutory Roman Dutch criminal law no longer applies
(B) The statutory Roman Dutch Law no longer applies
(C) Roman Dutch Law applies as and when the court sees fit
(D) None of the above

82. Mhosva commits a crime against public security of Zimbabwe while he is in


South Africa. Can our courts try him?
(A) It is not impossible because the crime was committed wholly outside
(B) It is possible because all crimes against public security of
Zimbabwe can be tried in Zimbabwe
(C) It is not possible because this has no effect in Zimbabwe
(D) It is not possible because our courts have no jurisdiction

83. Liability for criminal conduct shall be…..


(A) As defined by the code only
(B) As defined by the code and any other enactment
(C) In terms of the code and Common Law
(D) In terms of the and Statute Law

84. What is the correct position on the causation of crimes?


(i) A person can only be guilty if his conduct caused the crime only
(ii) If his conduct caused or substantially contributed to a crime
(iii) It is no longer considered

(A) (i) and (ii)


(B) (i) and (iii)
(C) (iii) and (v)
(D) All of them

85. Realisation of real risk or possibility has two components namely…


(i) Awareness
(ii) Recklessness
(iii) Provocative
(iv) Negligence

(A) (i) and (ii)


(B) (ii) only
(C) (ii) and (iii)
(D) (i) only

86. Knowledge and realization of risk are tested…


(A) Subjectively
(B) Objectively
(C) Reasonably
(D) Practically

87. Intention is tested…


(A) Subjectively
(B) Objectively
(C) Realization of real risk
(D) Practically

88. Subjective test is whereby a court looks at whether or not:-


(A) The person concerned actually possessed that state of mind at
the relevant time
(B) The person of sound
(C) The person concerned possessed an average state of the mind
(D) He was lunatic

89. Negligence is tested…


(A) Objectively
(B) Reasonably
(C) Practically
(D) None of the above
90. What is the degree and burden of proof in criminal cases
(A) Beyond a shadow of doubt
(B) Beyond a reasonable doubt
(C) Beyond a balance of probabilities
(D) None of the above

91. Crimes against the State are found in which Chapter of the Code?
(A) 1
(B) 2
(C) 3
(D) 4

92. Law Enforcement Agents in terms of crimes against the State include…
(i) The Police
(ii) An intelligence service
(iii) An intelligence service maintained by the Government
(iv) All the above

(A) (i) only


(B) (i) and (iii)
(C) (i) and (ii)
(D) (iv)

93. What is a “Statement” in terms of Crimes against the State?


(A) An expression of fact made either orally, in writing, electronically or by
visual images
(B) An expression of fact or opinion made in writing
(C) An expression of fact or opinion either orally or in writing
(D) None

94. Nyambo is charged of possession of dangerous weapons. How would the


prosecution be handled?
(A) Only with the authority of the Attorney General
(B) Only after satisfying the Attorney General
(C) No need for consultation
(D) Only with the authority of Dispol
95. In respect of the offence causing disaffection among the police or defence
force, the intention must have been to…
(A) Cause withholding of services, loyalty or allegiance
(B) Cause mutiny
(C) Cause desertion
(D) Cause breaches of discipline
96. Toindepi forcibly and to a serious extent disturbs the peace, security or order
of the public. Which of the following charge is appropriate in the
circumstances?
(A) Public violence
(B) Disorderly conduct in a public place
(C) Causing Offence to a person of a particular role
(D) None

97. A person who becomes aware of the bandit insurgents shall report such an
occurrence within a certain period of time, failure of which he is liable to a
charge. What is the length of the period within which a report needs to be
filed?
(A) As soon as is reasonably practicable
(B) As soon as reasonable practicable and in some cases within 72 hours
(C) As soon as is reasonably practicable and in any event within 72
hours
(D) All of the above are relevant

98. According to the Criminal Law Codification and Reform Act [Chapter 9:23],
which of the following does not meet the definition of the term ‘court’?
(A) The Supreme Court
(B) A local court in terms of the Customary Law and Local Courts Act
[Chapter 7:05]
(C) Any other Court or tribunal
(D) None of the above

99. Which of the following statements is true in defining the term ‘assault’ in
terms of the Criminal Code?
(A) Infliction of bodily injury to the body of a different person
(B) Any act by a person that causes any substance to be consumed
by another person without the person’s consent
(C) Any harm causing pain or discomfort to the body by another person
(D) Any impairment of the body or its functions, whether temporary or
permanent

100. The Criminal Law Codification and Reform Act [Chapter 9:23], on
concealment of birth and exposure of infants define the term ‘child’ as one
that…
(A) Does not include a foetus which has issued forth from its mother
before the twenty-seventh week of pregnancy
(B) Does not include a foetus which has issued forth from its mother
before the twenty-eighth week of pregnancy
(C) Does include a foetus which has issues forth from its mother
after the twenty-eighth week of pregnancy
(D) Does not include a child which has issued forth from itsmother before
the twenty-eighth week of pregnancy.

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