Africans Union Criminal Code | Article 88-Offences involving deadly/dangerous weapons



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12. Offences against public health and safety

Article 88-Offences involving deadly/dangerous weapons

88.1

Deadly/dangerous weapons

A deadly and/or dangerous weapon is any weapon designed specifically for the purpose of inflicting harm or death upon another man or woman and/or living animal, or possession of any substance (organic, non-organic or synthetic) that has the capacity to inflict grievous harm on a victim.

88.2

Criminal handling of a deadly/dangerous weapon

Criminal handling of a deadly and/or dangerous weapon is the deliberate failure to adhere to legal and/or regulatory requirements regarding the safe handling, transport and/or storage of deadly/dangerous weapons.

Primary Fact(s)

1. That an object deemed a deadly and/or dangerous weapon has been seized; and

2. That lawful regulations exist regarding the safe transport/handling of such a weapon; and

3. That such lawful regulations were breached regarding the storage/handling of the object in question; and

4. That the actions of the accused contributed to the breach of lawful regulations regarding the storage/handling of the object in question.

Penalty Conditions (Level 1-Crime)

Type	Condition(s)
1-3	a) unsafe transport of fireworks;
4-6	a) unsafe transport/storage of biological waste;

Penalty Conditions (Level 2-Crime)

Type	Condition(s)
1-3	a) unsafe transport/storage of caustic chemicals; b) unsafe storage of fireworks;
4-6	a) unsafe transport/storage of chemical fertilizers;

Penalty Conditions (Level 3-Crime)

Type	Condition(s)
1-3	a) unsafe transport/storage of all types of guns;
4-6	a) unsafe transport/storage of explosives;

Penalty Conditions (Level 4-Crime)

Type	Condition(s)
1-3	a) unsafe transport/storage of deadly biological agents;
4-6	a) unsafe transport/storage of deadly nuclear/radiological materials;

88.3

Criminal possession of a deadly/dangerous weapon

Criminal possession of a deadly and/or dangerous weapon is the possession on a man or woman or their immediate property of a deadly and/or dangerous weapon in defiance of legal and/or regulatory requirements.

Primary Fact(s)

1. That an object deemed a deadly and/or dangerous weapon has been seized; and

2. That lawful regulations exist regarding the possession of such a weapon; and

3. That the accused was found to be in possession of such a weapon; and

4. That the possession of the weapon by the accused did breach such lawful regulations regarding such weapons.

Penalty Conditions (Level 2-Crime)

Type	Condition(s)
1-3	a) possession of a hunting/commando knife and under 16 years;
4-6	a) possession of a hunting/commando knife without permit;

Penalty Conditions (Level 3-Crime)

Type	Condition(s)
1-3	a) possession of a switchblade knife;
4-6	a) possession of an unlicensed manually loaded fire-arm; b) possession of an unlicensed manual handgun; c) possession of materials to make a small (under 1 kg) non-radioactive bomb;

Penalty Conditions (Level 4-Crime)

Type	Condition(s)
1-3	a) possession of an unlicensed semi-automatic handgun; b) possession of a small (under 1 kg) non-radioactive bomb;
4-6	a) possession of an unlicensed machine gun; b) possession of materials to make a large non-radioactive bomb; c) possession of plastic explosives without a permit;

Penalty Conditions (Level 5-Crime)

Type	Condition(s)
1-3	a) possession of a large (over 1kg) non-radioactive bomb; b) possession of radioactive materials to make a bomb;
4-6	a) possession of a nuclear or radioactive bomb; b) possession of a deadly biological agent for purpose of weapon;

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