| (1) |
Any person who contravenes the provisions of section 2(1) or (2), 3(3) or 7(2) is liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment. |
| (2) |
Any person who contravenes the provisions of section 3(1) or (2), 4(1), 5(1), 6(1) or 7(1) is liable on conviction to a fine or to imprisonment for a period not exceeding 10 years or to both a fine and such imprisonment. |
| (3) |
Any person who contravenes the provisions of section 11(1) is liable on conviction to a fine or to imprisonment for a period not exceeding 15 years or to both a fine and such imprisonment. |
| (4) |
Acourt which convicts a person of an offence in terms of section 8, 9(1) or (2), 10 or 11(2) may, where a penalty is not prescribed in respect of that offence by any other law, impose a sentence, as provided for in section 276 of the Criminal Procedure Act, 1977, which that court considers appropriate and which is within that court’s penal jurisdiction. |
| (5) |
A court which imposes any sentence in terms of this section, or where a person is convicted of the offence of theft that was committed or facilitated by electronic means, must, without excluding other relevant factors, consider as aggravating factors— |
| (a) |
the fact that the offence was committed by electronic means; |
| (b) |
the extent of the prejudice and loss suffered by the complainant or any other person as a result of the commission of such an offence; |
| (c) |
the extent to which the person gained financially, or received any favour, benefit, reward, compensation or any other advantage from the commission of the offence; or |
| (d) |
the fact that the offence was committed in concert with one or more persons. |
(6)
| (a) |
If a person is convicted of any offence provided for in section 2(1) or (2), 3(1), 5(1), 6(1), 7(1), 8, 9(1) or (2), 10 or 11(1) or (2), a court imposing any sentence in terms of those sections must, unless substantial and compelling circumstances justify the imposition of another sentence, impose a period of direct imprisonment, with or without a fine, if the offence was committed— |
| (ii) |
with the collusion or assistance of another person, |
who as part of their duties, functions or lawful authority were in charge of, in control of, or had access to data, a computer program, a computer data storage medium or a computer system belonging to another person in respect of which the offence in question was committed.
| (b) |
A sentence imposed in terms of paragraph (a) may not be suspended as contemplated in section 297(4) of the Criminal Procedure Act, 1977. |
| (7) |
Any person who contravenes the provisions of section 14, 15 or 16 is liable on conviction to a fine or to imprisonment for a period not exceeding three years or to both a fine and such imprisonment. |
National Small Business Act, 1996 (Act 102 of 1996)
