If statutory penalty is imprisonment only: sentencing options
41 If statutory penalty is imprisonment only: sentencing options
This section applies if a court is sentencing an offender for an offence the statutory penalty for which is such that imprisonment but not a fine may be imposed.
If the offender is a natural person, the court may —
use any one of the sentencing options in section 39(2); or
use any one of the sentencing options in section 39(2) (other than a sentencing option in section 39(2)(a) or (c)) and in addition fine the offender.
If the statutory penalty for the offence is such that imprisonment must be imposed, then despite subsection (2) the court must impose a term of imprisonment in accordance with the statutory penalty, unless the written law creating the offence provides otherwise.
If a court imposes a term of imprisonment on an offender that is not suspended, it may, in addition, impose indefinite imprisonment under Part 14.
If the offender is a body corporate the court may use any one of the sentencing options in section 40(2).
If the court is a superior court and decides to fine an offender, it may impose a fine of any amount.
If the court is a court of summary jurisdiction and decides to fine an offender, the maximum fine it may impose is to be worked out as follows:
if the offender is a natural person:
if the offender is a body corporate:
[Section 41 amended: No. 50 of 2003 s. 10; No. 59 of 2004 s. 141; No. 47 of 2011 s. 26(3).]
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