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Section 301A: Penalty for other larcenies

Criminal Code · CHAPTER II: OFFENCES AGAINST PROPERTY

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

301A. Penalty for other larcenies (1) Every person who is convicted of an offence under section 303, 304, 305, 306 or 307 and who at the time of the commission of the offence was masked, made use of an offensive weapon which caused injury or had in his possession a firearm or a mock firearm shall be punished for a term not exceeding 30 years. (2) For the purposes of subsection (1), “offensive weapon” means any article made, or adapted for use, or suitable for causing injury to the person. (3) The Probation of Offenders Act shall not apply to an offence punishable under subsection (1) except where the accused is under the age of 18 at the date of the sentence. (4) The Intermediate Court shall, notwithstanding— (a) section 113 of the Courts Act, have jurisdiction to inflict the penalty provided under subsection (1); (b) section 139 of the Criminal Procedure Act, have power to order sentences imposed under this section to be served consecutively, provided that the terms of such sentences shall not in the aggregate exceed 30 years. [S. 301A inserted by Act 1 of 1985; amended by s. 3 (i) of Act 36 of 2008 w.e.f. 6 December 2008.]

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