If statutory penalty is fine only: sentencing options
44 If statutory penalty is fine only: sentencing options
If the statutory penalty for an offence is such that a fine but not imprisonment may be imposed, a court sentencing an offender for the offence may —
if the offender is a natural person —
use any one of the sentencing options in section 39(2)(a), (b), (c) and (ca); or
in the case of an offence prescribed for the purposes of this section, use any one of the sentencing options in section 39(2)(a), (b), (c), (ca) and (d);
if the offender is a body corporate, use any one of the options in section 40(2).
If the statutory penalty for an offence is such that a minimum fine must be imposed, then despite subsection (1) the court must impose a fine that is at least the minimum fine and not more than any maximum fine for the offence, unless the written law creating the offence provides otherwise.
[Section 44 amended: No. 50 of 2003 s. 13 and 33(2); No. 45 of 2016 s. 51.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.