CHAPTER 09:01
STOCK THEFT

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

   1.   Short title

 

   2.   Interpretation

 

   3.   Stealing of stock or produce

 

   4.   Presumptions

 

   5.   Trespass with intent to steal

 

   6.   Night delivery of stock forbidden

 

   7.   Tampering with stock or produce

 

   8.   Search, seizure and arrest

 

   9.   Document of identification to be furnished on disposal of stock

 

   10.   Acquisition of stock or produce otherwise than at public sale

 

   11.   Stock or produce driven or conveyed

 

   12.   Wrongful arrest

 

   13.   Orders of compensation

 

   14.   Forfeiture of assets derived from theft

 

   15.   Unclaimed stock or produce

 

   16.   Penalties

 

 

Act 21, 1996.

An Act to re-enact with amendments the Stock Theft Act.

[Date of Commencement: 31 December, 1996]

 

1.   Short title

   This Act may be cited as the Stock Theft Act.

 

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "offensive weapon" means any article made or adapted for use for causing injury to the person, or intended by any person having it with him for such use by him, and includes, but is not limited to, a firearm, a spear, an axe, a hatchet, a club and a knife;

   "police officer" includes a special constable, a member of the Police Reserve Force and an officer of the Local Police Force;

   "produce" means the whole or any part of any skins, hides, horns or carcass of stock, any wool, mohair, ostrich egg or ostrich feathers;

   "public sale" means a sale effected-

 

   (a)   in any public market;

 

   (b)   by any shopkeeper during the hours when his shop may by any law remain open for the transaction of business;

 

   (c)   by a duly licensed auctioneer at a public auction; or

 

   (d)   in pursuance of an order of a competent court;

   "receive" has the meaning assigned to it in section 317 of the Penal Code;

   "steal" has the meaning assigned to it in section 264 of the Penal Code;

   "stock" means any horse, mare, gelding, ass, mule, bull, cow, ox, ram, ewe, wether, goat, pig or ostrich, or the young thereof;

   "sufficient fence" means any wire fence or any other fence, wall or hedge through which no stock could pass without breaking it, or any natural boundary through or across which no sheep would ordinarily pass.

 

3.   Stealing of stock or produce

   (1) Any person who steals any stock or produce, or receives any stock or produce knowing or having reason to believe it to be a stolen stock or produce, shall be guilty of an offence and, notwithstanding the provisions of any other written law, shall be sentenced for a first offence to a term of imprisonment for not less than five years or more than 10 years without the option of a fine, and for a second or subsequent offence to a term of imprisonment for not less than seven years or more than 14 years without the option of a fine.

   (2) Where, for the purpose of stealing any stock or produce, or in the course of stealing any stock or produce, violence or the threat of violence is used, the penalty shall be a term of imprisonment for not less than 10 years or more than 15 years without the option of a fine, and if the violence used or threatened involves the use of a firearm or other offensive weapon the penalty shall be a term of imprisonment for not less than 12 years or more than 20 years without the option of a fine.

   (3) A person charged under subsection (1) may be convicted of the offence of stealing any stock or produce or of receiving any stock or produce notwithstanding that the person stated in the charge to be the owner of the stock or produce is wrongly named as the owner of the stock or produce.

   (4) Any person who procures, incites, hires, directs, instigates, or colludes with, another person to contravene the provisions of subsection (1) shall be guilty of an offence and shall suffer the same penalties as the person who contravenes those provisions.

   (5) Any sentence imposed in respect of an offence under this section shall be consecutive to and not concurrent with any other sentence imposed on the same accused person, and no sentence or any part of any sentence imposed in respect of an offence under this section shall be suspended.

   (6) Where a person convicted of an offence under this section is a holder of a fresh produce licence under the Trade Act, the court convicting the person may order the cancellation of the licence, and accordingly the

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