Statutory penalty, effect of
9 Statutory penalty, effect of
Part 5 applies to and in respect of the statutory penalty for an offence.
If the statutory penalty for an offence is a fine of a particular amount or a particular term of imprisonment, then that penalty is the maximum penalty that may be imposed for that offence and, unless the statutory penalty —
is a mandatory penalty; or
includes a minimum penalty,
a lesser penalty of the same kind may be imposed.
If the statutory penalty for an offence specifies a minimum and a maximum penalty, the penalty to be imposed for the offence must be at least that minimum and not more than that maximum.
[(4) deleted]
The fact that a court is required to impose a mandatory penalty or a minimum penalty does not prevent it from —
making a spent conviction order under Part 5 if the sentencing option imposed by the court is one of the sentencing options in section 39(2)(a) to (d); or
making an order under Part 15, 16 or 17.
If the statutory penalty for an offence specifies more than one penalty, the use of the word “and” between the penalties means that the penalties may be imposed alternatively or cumulatively.
If the statutory penalty for an offence specifies a daily penalty, that penalty may be imposed for each day or part of a day during which the offence continues, in addition to any other penalty that may be imposed for the offence.
In this section a reference to a mandatory penalty is a reference to a penalty that must be imposed, whether the expression “mandatory penalty” or a like expression is used.
In this section a reference to a minimum penalty is a reference to a penalty expressed to be a minimum penalty, whether by use of the expression “minimum penalty” or “not less than” or another like expression.
[Section 9 amended: No. 50 of 2003 s. 9; No. 8 of 2009 s. 115(2); No. 47 of 2011 s. 26(3).]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.