| (1) |
If the evidence in criminal proceedings does not prove the commission of the offence charged but proves a contravention of section 17 — |
| (a) |
in respect of the offence charged; or |
| (b) |
in respect of any other offence of which an accused may be convicted on the offence charged, |
the accused may be found guilty of the offence so proved.
| (2) |
If the evidence on a charge of a contravention of section 3(1), does not prove the offence or a contravention of section 17 in respect of that offence, but proves a contravention of— |
| (b) |
section 3(2) or (3); or |
| (c) |
section 4(1), in so far as it relates to the use or possession of a software or hardware tool, for purposes of contravening section 3(1), |
the accused may be found guilty of the offence so proved.
| (3) |
If the evidence on a charge of a contravention of section 5(1), does not prove the offence or a contravention of section 17 in respect of that offence, but proves— |
| (a) |
a contravention of section 2(1) or (2); |
| (b) |
a contravention of section 4(1), in so far as it relates to the use or possession of a software or hardware tool, for purposes of contravening section 5(1); or |
| (c) |
the offence of malicious injury to property, |
the accused may be found guilty of the offence so proved.
| (4) |
If the evidence on a charge of a contravention of section 6(1), does not prove the offence or a contravention of section 17 in respect of that offence, but proves— |
| (a) |
a contravention of section 2(1) or (2); |
| (b) |
a contravention of section 4(1), in so far as it relates to the use or possession of a software or hardware tool, for purposes of contravening section 6(1); or |
| (c) |
the offence of malicious injury to property, |
the accused may be found guilty of the offence so proved.
| (a) |
If the evidence on a charge of a contravention of section 7(1)(a) or (d) does not prove the offence or a contravention of section 17 in respect of that offence, but proves a contravention of— |
| (ii) |
section 7(1)(b) or (c) or (2); or |
| (iii) |
section 4(1), in so far as it relates to the use or possession of a software or hardware tool, to acquire or use a password, access code or similar data or device, |
the accused may be found guilty of the offence so proved.
| (b) |
If the evidence on a charge of a contravention of section 7(1)(b) or (c) does not prove the offence or a contravention of section 17 in respect of that offence, but proves a contravention of section 7(2), the accused may be found guilty of an offence so proved. |
| (6) |
If the evidence on a charge of a contravention of section 8, does not prove the offence or a contravention of section 17 in respect of the offence, but proves— |
| (a) |
a contravention of section 2(1) or (2); |
| (b) |
a contravention of section 4(1), in so far as it relates to the use or possession of a software or hardware tool, for the purposes of— |
| (i) |
interfering with data or a computer program as contemplated in section 5(1); or |
| (c) |
a contravention of section 7(1) or (2), in so far as the password, access code or similar data or device was acquired, possessed, provided to another person or used for purposes of contravening the provisions of section 8; |
| (e) |
the common law offence of fraud or attempt to commit that offence; |
| (f) |
the common law offence of forgery or uttering or attempt to commit that offence; or |
| (g) |
the common law offence of theft or attempt to commit that offence, |
the accused may be found guilty of the offence so proved.
| (a) |
If the evidence on a charge of a contravention of section 9(1), does not prove the offence or a contravention of section 17 in respect of the offence, but proves— |
| (i) |
the common law offence of forgery; |
| (ii) |
a contravention of section 9(2); or |
| (iii) |
the common law offence of uttering, |
the accused may be found guilty of the offence so proved.
| (b) |
If the evidence on a charge of a contravention of section 9(2), does not prove the offence, but proves the common law offence of uttering, the accused may be found guilty of the offence so proved. |
| (8) |
If an accused is charged with a contravention of section 11(1), and the evidence on the charge does not prove a contravention of section 11(1) or a contravention of section 17 in respect of that offence, but proves a contravention of— |
| (b) |
section 3(1) or any competent verdict provided for in subsection (2); |
| (c) |
section 5(1) or any competent verdict provided for in subsection (3); |
| (d) |
section 6(1) or any competent verdict provided for in subsection (4); or |
| (e) |
section 7(1) or any competent verdict provided for in subsection (5), |
the accused may be found guilty of the offence so proved.
| (9) |
If an accused is charged with a contravention of section 11(2), and the evidence on the charge does not prove the offence or a contravention of section 17 in respect of the offence, but proves a contravention of— |
| (b) |
section 5(1) or any competent verdict provided for in subsection (3); or |
| (c) |
section 6(1) or any competent verdict provided for in subsection (4), |
the accused may be found guilty of the offence so proved.
| (10) |
If the evidence on a charge for any offence referred to in the preceding subsections does not prove the commission of the offence so charged or any competent verdict in respect of the offence, but proves the commission of an offence which by reason of the essential elements of that offence is included in the offence so charged, the accused may be found guilty of the offence so proved. |
| (11) |
If an accused is charged with a contravention of section 14, 15 or 16, and the evidence on the charge does not prove the offence in question or a contravention of section 17 in respect of the offence, but proves the commission of an offence which by reason of the essential elements of that offence is included in the offence so charged, the accused may be found guilty of the offence so proved. |
National Small Business Act, 1996 (Act 102 of 1996)
