If statutory penalty is imprisonment and fine: sentencing options
42 If statutory penalty is imprisonment and fine: sentencing options
This section applies if a court is sentencing an offender for an offence the statutory penalty for which is such that both imprisonment and 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 both a minimum fine and imprisonment may be imposed, then despite subsection (2) the court must impose one or both of the following —
a fine that is at least the minimum fine and not more than any maximum fine for the offence;
a sentencing option in section 39(2) that is listed after section 39(2)(c),
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).
[Section 42 amended: No. 50 of 2003 s. 11; No. 47 of 2011 s. 26(3).]
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