Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)Chapter 7 : General ProvisionsPart 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 jurisdiction56A. 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]