PART X - PENALTIES

Penalties
109. (1) Upon convicting a person for an offence provided for in this Code, the court may impose such penalty in the manner provided for in this section.

(2) Upon conviction for an offence under any of the sections set out in the Schedule, a court may sentence the convicted person to a penalty in terms of a fine level of the Schedule up to the maximum penalty prescribed.

(3) Where no penalty is provided for in the Schedule, the court may impose, on a person convicted for an offence provided for in this Code, such penalty as provided for by any other law, and where no such penalty is provided for in any other law the court shall impose a penalty that it thinks fit, taking into consideration the gravity of the offence and the Sentencing Guidelines issued by the Chief Justice under the Criminal Procedure and Evidence Act, 1981.

(4) Where an imprisonment penalty is listed, then it shall not be open to a court to impose a fine in lieu of the penalty listed or to suspend the sentence.

(5) The Minister responsible for justice may, by notice published in the Gazette, amend the Schedule.
SCHEDULE


PENALTIES Fine levels
Level 1: a fine up to M1000.00;
Level 2: a fine between M1000.00 and M5000.00;
Level 3: a fine between M5000.00 and M10,000.00;
Level 4: a fine between M10,000.00 and M15,000.00;
Level 5: a fine between M15,000.00 and M20,000.00.

Section:
31. Assault: a fine under level 3 or imprisonment up to 1 year or both;

32. Aggravated Assault: a fine under level 4 or imprisonment up to 8 years or both;

39. Culpable homicide resulting from Suicide Pact: Imprisonment up to 5 years;

42. Culpable Homicide: a fine under level 5 or life imprisonment;

46. Abortion: a fine under level 3 or imprisonment up to 3 years;

47. Abduction: a fine under level 3 or imprisonment up to 3 years;

52. Indecent Assault: a fine under level 3 imprisonment up to 3 years;

57. Public Indecency: a fine under level 2 imprisonment up to 1 year or both;

58. Theft: a fine under level 4 or imprisonment up to 10 years or both;

65. Robbery: imprisonment up to 18 years;

66. House-breaking: a fine under level 2 or imprisonment up to 6 years;

68. Receiving Stolen Property: a fine under level 4 or imprisonment up to 5 years or both;

69. Fraud: imprisonment up to 20 years;

70. Extortion: imprisonment up to 15 years;

74. Arson: a fine under level 5 or imprisonment up to 15 years or both;

75. High treason: imprisonment up to 20 years or death by hanging;

76. Failure to prevent or report a treasonable conduct: imprisonment up to 5 years;

81. Bribery: imprisonment up to 20 years;

88. Obstructing the course of Justice and officially constituted public enquiry: a fine under level 3 or imprisonment up to 3 years or both;

90. Escape from lawful custody: imprisonment up to 5 years.