Act 9 Penal Code Act 2008 296. Theft after Preparation made for Causing Death, Hurt or Restrain in Order to Facilitate the Committing of the Theft. Whoever commits theft having made preparation for causing death, injury, restraint or fear of death or of injury or of restraint to any person in order to facilitate such theft or in order to facilitate his or her escape after the committing of such theft or in order to the retaining of property taken by such theft, shall upon conviction, be sentenced to imprisonment for a term not exceeding ten years with a fine or with both. Illustrations— (a) “A” commits theft on property in “Z’s” possession; while committing this theft he has a loaded pistol under his or her garment having provided this pistol for the purpose of hurting “Z” in case he or she should resist. “A” has committed an offence under this section; (b) “A” picks “Z’s” pocket, having posted several of his or her companions near him or her, in order that they may restrain “Z”, if “Z” should perceive what is passing and should resist or should attempt to arrest “A”. “A” has committed an offence under this section. Receipt or Possession of Stolen Property 297. Receipt of Stolen Property. (1) Property, the possession of which has been transferred by theft or by extortion or by robbery, and property, which has been criminally misappropriated or in respect of which criminal breach of trust or cheating has been committed, is stolen property, whether the transfer has been made or the misappropriation or breach of trust has been committed within Southern Sudan or elsewhere. But, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property. 151

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