SENTENCING ACT 1995 - SECT 40
SENTENCING ACT 1995 - SECT 40
40 . Body corporate, sentences for
(1) This section
applies to an offender that is a body corporate.
(2) Subject to
sections 41 to 44, a court sentencing an offender may —
(a)
under Part 6 impose no sentence; or
(b)
under Part 8 impose a fine; or
(c)
under Part 8A impose a suspended fine.
(3) A court must not
use the sentencing option in subsection (2)(b) unless satisfied, having regard
to Division 1 of Part 2, that it is not appropriate to use the option in
subsection (2)(a).
(4) A court that under
subsection (2)(a) imposes no sentence is nevertheless taken to have sentenced
the offender.
(5) Except where a
statutory penalty is expressly provided for a body corporate, a body corporate
that is convicted of an offence the statutory penalty for which is or includes
a fine is liable to a fine of 5 times the maximum fine that could be imposed
on a natural person convicted of the same offence.
(5a) Except where a
statutory penalty is expressly provided for a body corporate, a body corporate
that is convicted of an offence the statutory penalty for which is or includes
a minimum fine is liable to a fine of at least 5 times that minimum fine.
(6) A court sentencing
an offender may also make a disqualification order under section 106, and any
such order is to be taken as being part of the sentence.
(7) A court sentencing
an offender may also make a reparation order under Part 16, but any such order
is not to be taken as being part of the sentence.
[Section 40 amended: No. 2 of 2008 s. 70; No. 45
of 2016 s. 50.]