Punishment for possession in special cases
417A Punishment for possession in special cases
The penalty for a crime committed under section 417(1) in a case specified in this section is the penalty specified for that case.
If the thing is a testamentary instrument, whether the testator is living or dead, the offender is liable to imprisonment for 10 years.
If the thing is a motor vehicle, the offender is liable to imprisonment for 8 years if the offender —
wilfully drives the motor vehicle in a manner that constitutes an offence under the Road Traffic Act 1974 section 60 or 60A; or
drives the motor vehicle in a manner that constitutes an offence under the Road Traffic Act 1974 section 61 (i.e. the offence known as dangerous driving).
If the thing is an aircraft, the offender is liable to imprisonment for 10 years.
If the thing is a firearm, as defined in the Firearms Act 2024 section 6, the offender is liable to imprisonment for 10 years.
If the offender is employed in the Public Service and the thing came into the possession of the offender by virtue of his or her employment, the offender is liable to imprisonment for 10 years.
If the offender is an employee and the thing came into the possession of the offender on account of his or her employer, the offender is liable to imprisonment for 10 years.
If the offender is a director or officer of a corporation or company, and the thing is the property of the corporation or company, the offender is liable to imprisonment for 10 years.
[Section 417A inserted: No. 11 of 2014 s. 4; amended: No. 51 of 2016 s. 50; No. 13 of 2022 s. 69; No. 23 of 2024 s. 454.]
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