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OFFENCES RELATING TO THE POSSESSION AND USE OF EXPLOSIVES ETC Preparation to commit offences with explosives etc

In document BERMUDA CRIMINAL CODE ACT : 13 (Page 125-129)

Any person who makes or knowingly has in his possession any explosive substance, or any dangerous or noxious engine, instrument or thing whatsoever, with intent by means thereof to commit, or for the purpose of enabling any other person by 218 (1)

(2)

219

220

221

222

223 (1)

means thereof to commit, any indictable offence, is guilty of a misdemeanour, and is liable to imprisonment for three years.

An offender may be arrested without warrant by a police officer.

Endangering life etc by explosives

Any person who, by the explosion of any explosive substance, wilfully and unlawfully destroys or damages—

any building or vessel with intent to cause the death of any person, or whereby the life of any person is endangered; or

any dwelling-house or vessel, any person being therein,

is guilty of a felony, and is liable to imprisonment for a term not exceeding twenty years.

Causing bodily injury by explosion

Any person who, by the unlawful and wilful explosion of any explosive substance, burns, maims, disfigures, disables, or does any grievous bodily harm to, any person, is guilty of a felony and is liable to imprisonment for seven years.

Placing explosive substance with intent to harm

Any person who unlawfully, and with intent to do any harm to another person, puts any explosive substance in any place whatsoever, is guilty of a felony and is liable to imprisonment for seven years.

Placing explosive substance with intent to destroy or damage property

Any person who unlawfully and with intent to destroy or damage any property, puts any explosive substance in any place whatsoever, is guilty of a felony and is liable to imprisonment for ten years.

Making and possession of petrol bombs etc

Any person who makes, or has in his possession, any apparatus, instrument, article or thing which—

contains any inflammable liquid or substance; or

is constructed or adapted for use in conjunction with any such liquid or substance so as to cause injury or loss of life to any person or damage to any property,

under such circumstances as to give rise to a reasonable suspicion that he is not making it or does not have it in his possession for a lawful object is, unless he can show that he made it or had it in his possession for a lawful object, guilty of an offence and is liable on summary conviction to imprisonment for two years and on conviction on indictment to im-prisonment for five years.

(2)

224

(a)

(b)

225

226

227

228

(a) (b)

Use of petrol bombs etc

Any person who, with intent to cause the destruction of or damage to property of another or in which another has an interest, or to cause personal injury to another, or to give another reasonable cause to fear any destruction of property or personal injury or, being reckless in regard to causing any such destruction, damage, injury or fear, throws, places, attaches or otherwise makes use of any such apparatus, instrument, article or thing as is mentioned in section 228 is guilty of an offence and is liable on summary conviction to imprisonment for one year and on conviction on indictment to imprisonment for ten years.

PART XIV CONSPIRACY Conspiring to commit offence

Subject to subsection (2), every one who conspires with any other person to commit any offence (in this section referred to as “the principal offence”) is guilty of an offence which shall be triable either summarily or on indictment in the manner of the principal offence, and the person committing such offence is liable to—

imprisonment for half the term, if any, prescribed by law for the principal offence; and additionally or alternatively

imprisonment for ten years where the penalty prescribed for the principal offence is life imprisonment; and additionally or alternatively

a fine in an amount not exceeding half the amount, if any, prescribed by law for the principal offence; and additionally or alternatively

subject to paragraphs (a) and (c) to the penalty prescribed by law for the principal offence.

This section shall not apply where a punishment for the conspiracy is otherwise expressly prescribed by this Act or other statutory provision.

Where the principal offence is one for which the offender may be arrested without warrant generally or without warrant subject to certain conditions then, for the purposes of Part XXIV, conspiracy to commit that offence shall be deemed to be an offence for which the offender may be arrested without warrant generally or, as the case may be, without warrant subject to such conditions.

Conspiring to commit offence outside Bermuda

Every one who conspires with any other person to do or omit to do in any part of the world outside Bermuda anything of which the doing or omission in Bermuda would be an offence (in this section referred to as “the principal offence”) shall be guilty of an offence which shall be triable either summarily or on indictment in the manner of the principal offence, and the person committing such offence is liable to—

229

230 (1)

(a)

(b)

(c)

(d)

(2)

(3)

231 (1)

imprisonment for a term not exceeding half the term, if any, prescribed by law in Bermuda for the principal offence; and additionally or alternatively imprisonment for ten years where the penalty prescribed for the principal offence is life imprisonment; and additionally or alternatively

a fine in an amount not exceeding half the amount, if any, prescribed by law in Bermuda for the principal offence; and additionally or alternatively subject to paragraphs (a) and (c), to the penalty prescribed by law in Bermuda for the principal offence.

Where any one is charged with contravening this section, it is a defence to prove that the doing or omission of the act to which the conspiracy relates was not an offence under the law of the place where it was, or was to be, done or omitted.

Where the principal offence is one for which the offender may be arrested without warrant generally or without warrant subject to certain conditions then, for the purposes of Part XXIV, conspiracy to commit that offence shall be deemed to be an offence for which the offender may be arrested without warrant generally or, as the case may be, without warrant subject to such conditions.

Other conspiracies

Every person who conspires with another person to effect any of the following purposes—

to prevent or defeat the execution or enforcement of any Act, Act of the Parliament of the United Kingdom or Order made by Her Majesty-in-Council; or

to cause any injury to the person or reputation of any person, or to depreciate the value of any property of any person; or

to prevent or obstruct the free and lawful disposition of any property by the owner thereof for its fair value; or

to injure any person in his trade or profession; or

to prevent or obstruct, by means of any act or acts which if done by an individual person would constitute an offence on his part, the free and lawful exercise by any person of his trade, profession or occupation; or to effect any unlawful purpose; or

to effect any lawful purpose by any unlawful means,

is guilty of a summary offence, and is liable to imprisonment for twelve months.

(a)

(b)

(c)

(d)

(2)

(3)

232

(a)

(b)

(c)

(d) (e)

(f) (g)

DIVISION III

In document BERMUDA CRIMINAL CODE ACT : 13 (Page 125-129)