Criminal Procedure and Evidence Act (7) Zimbabwe Any person who, without reasonable excuse, hinders or obstructs the taking of an appropriate sample in terms of subsection (3) shall be guilty of an offence and liable to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both. [section inserted by Act 23 of 2004] 303. Evidence on charge of infanticide or concealment of birth (1) On the trial of a person charged with infanticide in terms of the Infanticide Act [Chapter 9:12], or with murder or culpable homicide of a newly born child, the child in respect of which the offence was committed shall be deemed to have been born alive if it is proved to have breathed, whether or not it has had an independent circulation, and it shall not be necessary to prove that such child was at the time of its death entirely separated from the body of its mother. (2) On the trial of a person charged with the concealment of the birth of a child, it shall not be necessary to prove whether the child died before, at or after its birth. 304. Evidence as to counterfeit coin When upon the trial of any person it becomes necessary to prove that any coin produced in evidence against him is false or counterfeit, it shall be sufficient to prove that fact by the evidence of any credible witness. 305. Evidence on charge of receiving (1) When proceedings are taken against any person for having received stolen goods knowing them to be stolen, or for having in his possession stolen property or anything obtained by means of an offence knowing the same to have been stolen or so obtained, evidence may be given at any stage of the proceedings that there was found in the possession of such person other property stolen or obtained by some such offence as aforesaid within the period of twelve months preceding the time when such person was first charged before a magistrate with the offence in respect of which proceedings are being taken. (2) Evidence such as is referred to in subsection (1) may be taken into consideration for the purpose of proving that the person concerned knew the property which forms the subject of the proceedings taken against him to have been stolen or obtained by an offence referred to in that subsection: Provided that not less than three days’ notice in writing shall be given to the accused that proof is intended to be given of such other property stolen or obtained by some such offence as aforesaid within the preceding period of twelve months having been found in his possession, and such notice shall specify the nature or description of such other property and the person, if known, from whom the same was stolen or obtained by means of an offence. 306. Evidence of previous conviction on charge of receiving When proceedings are taken against any person for having received stolen goods knowing them to be stolen, or for having in his possession stolen property or property obtained by means of an offence, and evidence has been given that the stolen property or property obtained by means of an offence has been found in his possession, then if such person has, within five years immediately preceding the time when such person was first charged before a magistrate with the offence for which he is being proceeded against, been convicted of an offence involving fraud or dishonesty, evidence of such previous conviction may be given at any stage of the proceedings and may be taken into consideration for the purpose of proving that the accused knew that the property which was proved to be in his possession was stolen or was property obtained by means of an offence: Provided that not less than three days’ notice in writing shall be given to the accused that proof is intended to be given of such previous conviction. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 121