Act 8                         Penal Code (Amendment) Act                           2007

1. In this section—

“disability” means a substantial functional limitation of daily life activities caused by physical, mental or sensory impairment and environment barriers resulting in limited participation;

“serial offender” means a person who has a previous conviction for the offence of defilement or aggravated defilement;

“sexual act” means—

1. penetration of the vagina, mouth or anus, however

slight, of any person by a sexual organ;

1. the unlawful use of any object or organ by a

person on another person’s sexual organ;

“sexual organ” means a vagina or a penis.

Child to child sex.

129A. (1) Where the offender in the case of any offence under section 129 is a child under the age of twelve years, the matter shall be dealt with as required by Part V of the Children Act.

1. Where an offence under section 129 is committed by a male child and a female child upon each other when each is not below the age of twelve years of age, each of the offenders shall be dealt as required by Part X of the Children Act.

Payment of compensation to victims of defilement.

129B. (1) Where a person is convicted of defilement or aggravated defilement under section 129, the court may, in addition to any sentence imposed on the offender, order that the victim of the offence be paid compensation by the offender for any physical, sexual and psychological harm caused to the victim by the offence.

Act 8                         Penal Code (Amendment) Act                           2007

1. The amount of compensation shall be determined by the court and the court shall take into account the extent of harm suffered by the victim of the offence, the degree of force used by the offender and medical and other expenses incurred by the victim as a result of the offence”.

1. Amendment of section 286 of the principal Act.

The principal Act, is amended in section 286 by substituting for

subsections (2) and (3) the following—

“(2) Notwithstanding subsection (1) (b), where at the time of or immediately before or immediately after the time of the robbery, an offender is in possession of a deadly weapon, or causes death or grievous harm to any person, the offender or any other person jointly concerned in committing the robbery shall, on conviction by the High Court, be liable to suffer death.

1. In subsection (2) “deadly weapon” includes—

1. (i) an instrument made or adapted for shooting, stabbing

or cutting, and any imitation of such an instrument;

(ii) any substance,

which when used for offensive purposes is capable of causing death or grievous harm or is capable of inducing fear in a person that it is likely to cause death or grievous bodily harm; and

1. any substance intended to render the victim of the

offence unconscious.”

1. Repeal of section 288.

The principal Act is amended by repealing section 288.

1. Amendment of section 319 of principal Act.

Section 319 of the principal Act is amended by substituting for

subsection (3) the following new subsection—

Act 8                         Penal Code (Amendment) Act                           2007

1. In subsection (2) “deadly weapon” includes—

1. (i) an instrument made or adapted for shooting, stabbing

or cutting, and any imitation of such an instrument;

(ii) any substance,

which when used for offensive purposes is capable of causing death or grievous harm or is capable of inducing fear in a person that it is likely to cause death or grievous bodily harm; and

1. any substance intended to render the victim of the

offence unconscious.”

1. Transitional provision.

Where at the commencement of this Act any proceedings are pending before the High Court for the prosecution of the offence of defilement under section 129 of the Penal Code Act, any such proceedings shall be transferred to the appropriate court presided over by a Chief Magistrate if the hearing of the case in the trial has not commenced.