Belize Criminal Code Chapter 101 PDF

Criminal Code Chapter 101 of the Law of Belize Revised Edition 2020 PART 5 Criminal Misappropriation Offences Section 139 Theft -(1) A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief”...

Criminal Code Chapter 101 of the Law of Belize Revised Edition 2020 PART 5 Criminal Misappropriation Offences Section 139 Theft -(1) A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly. (2) It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit. (3) Sections 140 to 145 shall have effect as regards the interpretation and operation of this section (and, except as otherwise provided by this Title, shall apply only for the purposes of this section). Section 140.-(1) A person’s appropriation of property belonging to another is not to be regarded as dishonest– (a) if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; or (b) if he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it; or (c) (except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps. (2) A person’s appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for the property. Section 141 -(1)Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner. (2) Where property or a right or interest in property is or purports to be transferred for value to a person acting in good faith, no later assumption by him of rights which he believed himself to be acquiring shall, by reason of any defect in the transferor’s title, amount to theft of the property. Section 143 (1) “Property” includes money and all other property real or personal, including things in action. and other intangible property. (2) A person cannot steal land, or things forming part of land and severed from it by him or by his directions, except in the following cases, that is to say– (a) when he is a trustee or personal representative, or is authorised by power of attorney, or as liquidator of a company, or otherwise, to sell or dispose of land belonging to another, and he appropriates the land or anything forming part of it by dealing with it in breach of the confidence reposed in him; (b) when he is not in possession of the land and appropriates anything forming part of the land by severing it or causing it to be severed, or after it has been severed; or (c) when, being in possession of the land under a tenancy, he appropriates the whole or part of any fixture or structure let to be used with the land Section 143 Cont..((2A)For purposes of this subsection “land” does not include incorporeal hereditaments; “tenancy” means a tenancy for years or any less period and includes an agreement for such a tenancy but a person who after the end of a tenancy remains in possession as statutory tenant or otherwise is to be treated as having possession under the tenancy, and “let” shall be construed accordingly. (3) A person who picks flowers, fruits or foliage from a plant growing wild on any land, does not (although not in possession of the land) steal what he picks, unless he does it for reward or for sale or other commercial purpose. (4) Wild creatures, tamed or untamed, shall be regarded as property; but a person cannot steal a wild creature not tamed nor ordinarily kept in captivity, or the carcass of any such creature, unless either it has been reduced into possession by or on behalf of another person and possession to it has not since been lost or abandoned, or another person is in course of reducing it into possession. Section 144 Belonging to Another -(1) Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest). (2) Where property is subject to a trust, the persons to whom it belongs shall be regarded as including any person having a right to enforce the trust, and an intention to defeat the trust shall be regarded accordingly as an intention to deprive of the property any person having that right. (3) Where a person receives property from or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against him) as belonging to the other. (4) Where a person gets property by another’s mistake and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds. (5) Property of a corporation sole shall be regarded as belonging to the corporation notwithstanding a vacancy in the corporation Section 145 -(1) A person appropriating property belonging to another without meaning the other permanently to lose the thing itself is nevertheless to be regarded as having the intention of permanently depriving the other of it if his intention is to treat the thing as his own to dispose of regardless of the other’s rights; and a borrowing or lending of it may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal. (2) Without prejudice to the generality of sub-section (1), where a person, having possession or control (lawfully or not) of property belonging to another, parts with the property under a condition as to its return which he may not be able to perform, this (if done for the purposes of his own and without the other’s authority) amounts to treating the property as his own to dispose of regardless of the other’s rights. Section 145 -(1) A person appropriating property belonging to another without meaning the other permanently to lose the thing itself is nevertheless to be regarded as having the intention of permanently depriving the other of it if his intention is to treat the thing as his own to dispose of regardless of the other’s rights; and a borrowing or lending of it may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal. (2) Without prejudice to the generality of sub-section (1), where a person, having possession or control (lawfully or not) of property belonging to another, parts with the property under a condition as to its return which he may not be able to perform, this (if done for the purposes of his own and without the other’s authority) amounts to treating the property as his own to dispose of regardless of the other’s rights. Section 146 A person guilty of theft shall on conviction on indictment be liable to imprisonment for a term not exceeding ten years. Section 147 Robbery -(1) A person is guilty of robbery if he steals, and immediately before or at the time of doing so and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force. (2) A person guilty of robbery, or of attempted robbery, or of assault with intent to rob, shall be punished as follows– (a) on conviction on indictment, to a term of imprisonment which shall not be less than fifteen years but which may extend to life imprisonment; (b) on summary conviction, to a term of imprisonment which shall not be less than five years but which may extend to twenty years, provided that (whether the case is tried summarily or on indictment) the court may, in the case of a first time offender who has no previous conviction for any offence involving dishonesty or violence, refrain from imposing the minimum mandatory sentence prescribed above if there be special extenuating circumstances which the court shall record in writing, and in lieu thereof, pass such other sentence (whether custodial or non-custodial) as the court shall deem just having regard to the prevalence of the crime and other relevant factors. (3) The offence of robbery, or of attempted robbery, or of assault with intent to rob, may be tried summarily without the consent of the accused at the discretion of the Director of Public Prosecutions. ( 4) The provisions of this section shall have effect notwithstanding anything to the contrary contained in the Summary Jurisdiction (Offences) Act. Section 148 Burglary -(1) A person is guilty of burglary if– (a) he enters any building or part of a building as a trespasser and with intent to commit anysuch crime as is mentioned in sub-section (2); or (b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm. (2) The crimes referred to in sub-section (1) (a) are the crimes of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm or raping any woman therein, and of doing unlawful damage to the building or anything therein. (3) References in sub-sections (1) and (2) to a building shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is. Section 148 Cont. ( 4) A person guilty of burglary shall be punished as follows– (a) on conviction on indictment, to a term of imprisonment which shall not be less than ten years but which may extend to fifteen years; (b) on summary conviction, to a term of imprisonment which shall not be less than seven years but which may extend to ten years, provided that (whether the case is tried summarily or on indictment) the court may, in the case of a first time offender who has no previous conviction for any offence involving dishonesty or violence, refrain from imposing the minimum mandatory sentence prescribed above if there be special extenuating circumstances which the court shall record in writing, and in lieu thereof, pass such other sentence (whether custodial or non-custodial) as the court shall deem just having regard to the prevalence of the crime and other relevant factors. (5) The offence of burglary or of attempted burglary may be tried summarily without the consent of the accused at the discretion of the Director of Public Prosecutions. (6) The provisions of this section shall have effect notwithstanding anything to the contrary contained in the Summary Jurisdiction (Offences) Act. Section 148 Cont. ( 4) A person guilty of burglary shall be punished as follows– (a) on conviction on indictment, to a term of imprisonment which shall not be less than ten years but which may extend to fifteen years; (b) on summary conviction, to a term of imprisonment which shall not be less than seven years but which may extend to ten years, provided that (whether the case is tried summarily or on indictment) the court may, in the case of a first time offender who has no previous conviction for any offence involving dishonesty or violence, refrain from imposing the minimum mandatory sentence prescribed above if there be special extenuating circumstances which the court shall record in writing, and in lieu thereof, pass such other sentence (whether custodial or non-custodial) as the court shall deem just having regard to the prevalence of the crime and other relevant factors. Section 149 Aggravated Burglary (-(1) A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm, or imitation firearm, or any weapon of offence, or any explosive and for this purpose– (a) “firearm” includes an airgun or air pistol, and “imitation firearm” means anything which has the appearance of being a firearm, whether capable of being discharged or not; and (b) “weapon of offence” means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use; and (c) “explosive” means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose. (2) A person guilty of aggravated burglary shall be punished as follows– (a) on conviction on indictment, to a term of imprisonment which shall not be less than ten years but which may extend to imprisonment for life; (b) on summary conviction to a term of imprisonment which shall not be less than ten years but which may extend to fifteen years, provided that (whether the case is tried summarily or on indictment) the court may, in the case of a first time offender who has no previous conviction for any offence involving dishonesty or violence, refrain from imposing the minimum mandatory sentence prescribed above if there be special extenuating circumstances which the court shall record in writing, and in lieu thereof, pass such other sentence (whether custodial or non-custodial) as the court shall deem just having regard to the prevalence of the crime and other relevant factors. (3) The offence of aggravated burglary may be tried summarily without the consent of the accused at the discretion of the Director of Public Prosecutions. (4) The provisions of this section shall have effect notwithstanding anything to the contrary contained in the Summary Jurisdiction (Offences) Act. Section 151 Taking of Conveyance Without Lawful Authority 151.-(1) Subject to sub-sections (4) and (5), a person shall be guilty of a felony if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another’s use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it. (2) A person guilty of an offence under sub-section (1) shall on conviction on indictment be liable to imprisonment for a term not exceeding three years. (3) If on the trial of an indictment for theft the jury are not satisfied that the accused committed theft, but it is proved that the accused committed an offence under sub-section (1) the jury may find him guilty of the offence under subsection (1). (4) Sub-section (1) shall not apply in relation to pedal cycles; but subject to sub-section (5) a person who, without having the consent of the owner or other lawful authority, takes a pedal cycle for his own or another’s use, or rides a pedal cycle knowing it to have been taken without such authority, shall on summary conviction be liable to a fine not exceeding two hundred dollars. (5) A person does not commit an offence under this section by anything done in the belief that he has lawful authority to do it or that he would have the owner’s consent if the owner knew of his doing it and the circumstances of it. (6) For purposes of this section– (a) “conveyance” means any conveyance constructed or adapted for the carriage of a person or persons whether by land, water or air, except that it does not include a conveyance, constructed or adapted for use only under the control of a person not carried in or on it, and “drive” shall be construed accordingly; and (b) “owner”, in relation to a conveyance which is the subject of a hiring agreement or hirepurchase agreement, means the person in possession of the conveyance under that agreement Section 153 Obtaiining Property By Deception.-(1) A person who by any deception dishonestly obtains property belonging to another, with the intention of permanently depriving the other of it, shall on conviction on indictment be liable to imprisonment for a term not exceeding ten years. (2) For purposes of this section a person is to be treated as obtaining property if he obtains ownership, possession or control of it, and “obtain” includes obtaining for another or enabling another to obtain or to retain. (3) Section 145 of this Act shall apply for purposes of this section, with the necessary adaptation of the reference to appropriating, as it applies for purposes of section 139 of this Act. (4) For purposes of this section “deception” means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person. Section 153 Obtaining Money Transfer By Deception..-(1) A person is guilty of an offence if by any deception he dishonestly obtains a money transfer for himself or another. (2) A money transfer occurs when– (a) a debit is made to one account; (b) a credit is made to another; and (c) the credit results from the debit or the debit results from the credit. (3) References to a credit and to a debit are to a credit of an amount of money and to a debit of an amount of money. (4) It is immaterial (in particular)– (a) whether the amount credited is the same as the amount debited; (b) whether the money transfer is effected on presentment of a cheque or by another method; (c) whether any delay occurs in the process by which the money transfer is effected; (d) whether any intermediate credits or debits are made in the course of the money transfer; (e) whether either of the accounts is overdrawn before or after the money transfer is effected.. ( Section 153 Obtaining Money Transfer By Deception Cont. (5) For the purpose of this section– (a) “deception” has the same meaning as in section 153; (b) (b) “account” means an account kept with– (i) a bank; or (ii) a person carrying on a business which falls within paragraph (c); (c) a business falls within this sub-section if– (i) in the course of the business money received by way of deposit is lent to others; or (ii) any other activity of the business is financed wholly or to any material extent, out of the capital of or the interest on money received by way of deposit; (d) for the purposes of paragraph (c)– (i) all the activities which a person carries on by way of business shall be regarded as a single business carried on by him; and (ii) “money” includes money expressed in a currency other than the currency of Belize. (6) A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding ten years. Section 155 Dishonestly retaining Wrongful Credit. -(1) A person is guilty of an offence if– (a) a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest; (b) he knows or believes that the credit is wrongful; and (c) he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled. (2) References to a credit are to a credit of an amount of money. (3) A credit to an account is wrongful if it is the credit side of a money transfer obtained contrary to section 154. (4) A credit to an account is also wrongful to the extent that it derives from– (a) theft; (b) an offence under section 154; (c) blackmail; or (d) stolen goods. (5) In determining whether a credit to an account is wrongful, it is immaterial (in particular) whether the account is overdrawn before or after the credit is made. (6) A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding ten years. Section 155 Dishonestly retaining Wrongful Credit Cont. (7) Sub-section (8), applies for purposes of provisions of this Act relating to stolen goods (including sub-section (4). (8) References to stolen goods include money which is dishonestly withdrawn from an account to which a wrongful credit has been made, but only to the extent that the money derives from the credit. (9) In this section “account” and “money” shall be construed in accordance with section 154. (10) This section applies to wrongful credit made. Section 157 Obtaining Services By Deception. (1) A person who by any deception dishonestly obtains services from another shall be guilty of an offence. (2) It is an obtaining of services where the other is induced to confer a benefit by doing some act, or causing or permitting some act to be done, on the understanding that the benefit has been or will be paid for. (3) Without prejudice to the generality of sub-section (2) above, it is an obtaining of services where the other is induced to make a loan, or to cause or permit a loan to be made, on the understanding that any payment (whether by way of interest or otherwise) will be or has been made in respect of the loan or to cause or permit a loan to be made, on the understanding that any payment (whether by way of interest or otherwise) will be or has been made in respect of the loan. Section 170 Blackmail. -(1) A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief– (a) that he has reasonable grounds for making the demand; and (b) that the use of the menaces is a proper means of reinforcing the demand. (2) The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand. (3) Any person guilty of blackmail shall on conviction on indictment be imprisoned for a term which shall not be less than seven years but which may extend to imprisonment for life. Section 171 Handling Stolen Good..-(1) A person handles stolen goods if (otherwise than in the course of the stealing) knowing or believing them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes or assists in their retention, removal, disposal or realisation by or for the benefit of another person, or if he arranges to do so. (2) A person guilty of handling stolen goods shall on conviction on indictment be liable to imprisonment for a term not exceeding fourteen years. Section 172 Scope of Offences Relating to Stolen Good. -(1) The provisions of this Title relating to goods which have been stolen shall apply whether the stealing occurred in Belize or elsewhere, provided that the stealing (if not an offence under this Title) amounted to an offence where and at the time when the goods were stolen; and references to stolen goods shall be construed accordingly. (2) For purposes of those provisions references to stolen goods shall include, in addition to the goods originally stolen and parts of them (whether in their original state or not)– (a) any other goods which directly or indirectly represent or have at any time represented the stolen goods in the hands of the thief as being the proceeds of any disposal or realisation of the whole or part of the goods stolen or of goods so representing the stolen goods; and (b) any other goods which directly or indirectly represent or have at any time represented the stolen goods in the hands of a handler of the stolen goods or any part of them as being the proceeds of any disposal or realisation of the whole or part of the stolen goods handled by him or of goods so representing them. Section 172 Scope of Offences Relating to Stolen Good Cont. (3) No goods shall be regarded as having continued to be stolen goods after they have been restored to the person from whom they were stolen or to other lawful possession or custody, or after that person and any other person claiming through him have otherwise ceased as regards those goods to have any right to restitution in respect of the theft. ( 4) For purposes of the provisions of this Title relating to goods which have been stolen (including sub-sections (1) to (3)) goods obtained in Belize or elsewhere either by blackmail or in the circumstances described in section 153 (1), shall be regarded as stolen; and “steal”, “theft” and “thief” shall be construed accordingly. Section 173 Possession of Instrument for Burglary (1)A person shall be guilty of an offence if, when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary, theft or cheat. (2) A person guilty of an offence under this section shall on conviction on indictment be liable to imprisonment for a term not exceeding three years. (3) Where a person is charged with an offence under this section, proof that he had with him any article made or adapted for use in committing a burglary, theft or cheat shall be evidence that he had it with him for such use. (4) Any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be committing an offence under this section. (5) For purposes of this section an offence under section 151 (1) shall be treated as theft, and “cheat” means an offence under section 153. Criminal Code Chapter 101 of the Law of Belize Revised Edition 2020 PART 5 Criminal Misappropriation Offences