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Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)

Chapter 7 : General Provisions

Part 2: Defences and sentencing, inability of children under 12 years and persons with mental disabilities to consent to sexual acts, other evidentiary matters and extra-territorial jurisdiction

56A. Sentencing

 

(1)        A court shall, if—

(a) that or another court has convicted a person of an offence in terms of this Act; and
(b) a penalty is not prescribed in respect of that offence in terms of this Act or by any other Act,

impose a sentence, as provided for in section 276 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), which that court considers appropriate and which is within that court's penal jurisdiction.

 

(2) If a person is convicted of any offence under this Act, the court that imposes the sentence shall consider as an aggravating factor the fact that the person—
(a) committed the offence with the intent to gain financially, or receive any favour, benefit, reward, compensation or any other advantage; or
(b) gained financially, or received any favour, benefit, reward, compensation or any other advantage,

from the commission of such offence.

 

[Section 56A inserted by section 5 of Act No. 6 of 2012]