Section 19 | Sentencing

  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. A court 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—
    1. the fact that the offence was committed by electronic means;
    2. 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;
    3. 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
    4. the fact that the offence was committed in concert with one or more persons.
    1. 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 —
      1. by the person; or
      2. 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.
      3. A sentence imposed in terms of paragraph (a) may not be suspended as contemplated in section 297(4) of the Criminal Procedure Act, 1977.
  6. 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.