1984 Ed.]
Crimes
[CAP. 200
29
(2) A person guilty of any other offence under this Part shall be liable on conviction upon indictment to imprisonment for 10 years.
(Added, 48 of 1972, s. 3)
64. (1) This section applies to any offence under section 60(1) and any offence under section 61 or 62 other than one involving a threat by the person charged to destroy or damage property in a way which he knows is likely to endanger the life of another or involving an intent by the person charged to use or cause or permit the use of something in his custody or under his control so to destroy or damage property.
(2) A person charged with an offence to which this section applies shall, whether or not he would be treated for the purposes of this Part as having a lawful excuse apart from this subsection, be treated for those purposes as having a lawful excuse-
(a) if at the time of the act or acts alleged to constitute the offence he believed that the person or persons whom he believed to be entitled to consent to the destruction of or damage to the property in question had so consented, or would have so consented to it if he or they had known of the destruction or damage and its circumstances; or
(b) if he destroyed or damaged or threatened to destroy or damage the property in question or, in the case of a charge of an offence under section 62, intended to use or cause or permit the use of something to destroy or damage it, in order to protect property belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another, and at the time of the act or acts alleged to constitute the offence he believed-
(i) that the property, right or interest was in immediate need of protection; and
(ii) that the means of protection adopted or proposed to be adopted were or would be reasonable having regard to all the circumstances.
(3) For the purpose of this section, it is immaterial whether a belief is justified or not if it is honestly held.
(4) For the purposes of subsection (2), a right or interest in property includes any right or privilege in or over land, whether created by grant, licence or otherwise.
(5) This section shall not be construed as casting doubt on any defence recognized by law as a defence to criminal charges.
(Added, 48 of 1972, s. 3)
65. (1) If it is made to appear by information on oath before a magistrate that there is reasonable cause to believe that any person has in his custody or under his control or on his premises anything which there is reasonable cause to believe has been used or is intended for use without lawful excuse-
"Without lawful excuse".
1971 c. 48, s. 5.
Search for things intended for use in committing offences of criminal damage.
1971 c. 48. s. 6.
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Page 31
1984 Ed.]
Crimes
[CAP. 200
29
(2) A person guilty of any other offence under this Part shall be liable on conviction upon indictment to imprisonment for 10
years.
( Added, 48 of 1972, s. 3)
64. (1) This section applies to any offence under section 60(1) and any offence under section 61 or 62 other than one involving a threat by the person charged to destroy or damage property in a way which he knows is likely to endanger the life of another or involving an intent by the person charged to use or cause or permit the use of something in his custody or under his control so to destroy or damage property.
(2) A person charged with an offence to which this section applies shall, whether or not he would be treated for the purposes of this Part as having a lawful excuse apart from this subsection, be treated for those purposes as having a lawful excuse-
(a) if at the time of the act or acts alleged to constitute the offence he believed that the person or persons whom he believed to be entitled to consent to the destruction of or damage to the property in question had so consented, or would have so consented to it if he or they had known of the destruction or damage and its circumstances; or
(b) if he destroyed or damaged or threatened to destroy or damage the property in question or, in the case of a charge of an offence under section 62, intended to use or cause or permit the use of something to destroy or damage it, in order to protect property belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another, and at the time of the act or acts alleged to constitute the offence he believed-
(i) that the property, right or interest was in immediate need of protection; and
(ii) that the means of protection adopted or proposed to be adopted were or would be reasonable having regard to all the circumstances.
(3) For the purpose of this section, it is immaterial whether a belief is justified or not if it is honestly held.
(4) For the purposes of subsection (2), a right or interest in property includes any right or privilege in or over land, whether created by grant, licence or otherwise.
(5) This section shall not be construed as casting doubt on any defence recognized by law as a defence to criminal charges.
(Added, 48 of 1972, s. 3)
65. (1) If it is made to appear by information on oath before a magistrate that there is reasonable cause to believe that any person has in his custody or under his control or on his premises anything which there is reasonable cause to believe has been used or is intended for use without lawful excuse-
"Without lawful excuse".
1971 c. 48, s. 5.
Search for things intended for use in committing offences of criminal damage.
1971 c. 48. s. 6.
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