Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)

Chapter 2 : Offences, Penalties and Extra-Territorial Jurisdiction

14. Factors to be considered in sentencing

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If a person is convicted of any offence under this Chapter, the court that imposes the sentence must consider, but is not limited to, the following aggravating factors:

(a)The significance of the role of the convicted person in the trafficking process;
(b)previous convictions relating to the offence of trafficking in persons or related offences;
(c)whether the convicted person caused the victim to become addicted to the use of a dependence-producing substance;
(d)the conditions in which the victim was kept;
(e)whether the victim was held captive for any period;
(f)whether the victim suffered abuse and the extent thereof;
(g)the physical and psychological effects the abuse had on the victim;
(h)whether the offence formed part of organised crime;
(i)whether the victim was a child;
(j)the nature of the relationship between the victim and the convicted person;
(k)the state of the victim’s mental health; and
(l)whether the victim had any physical disability.