(a) a crime specified in the first column of the Fourth Schedule; or
(b) threatening, incitement, conspiracy or attempting to commit such a crime; or
(c) assisting a perpetrator of such a crime;
may be found guilty of
(i) a crime specified opposite thereto in the second column of the Fourth Schedule; or
(ii) threatening, incitement, conspiracy or attempting to commit such a crime; or
(iii) assisting a perpetrator of such a crime;
if such are the facts proved.
276 Sentence imposable where person found guilty on competent verdict
Where a person charged with a crime is found guilty of another crime in terms of this Chapter, the sentence
imposed upon that person shall not exceed the maximum sentence applicable to the crime of which he or she is
convicted.
CHAPTER XVI
GENERAL
277 Criminal liability of corporations and associations and their members, employees and
agents
(1) In this section
“authorised person” means a person referred to in paragraph (b) of subsection (2) or paragraph (b) of
subsection (4);
“director”, in relation to a corporate body, means a person who
(a) controls or governs that corporate body, whether lawfully or otherwise; or
(b) is a member of a body or group of persons which controls or governs that corporate body,
whether lawfully or otherwise; or
(c) where there is no body or group such as is referred to in paragraph (b), who is a member of the
corporate body.
(2) For the purposes of imposing criminal liability upon a corporate body, any conduct on the part of
(a) a director or employee of the corporate body; or
(b) any person acting on instructions or with permission, express or implied, given by a director or
employee of the corporate body;
in the exercise of his or her power or in the performance of his or her duties as such a director, employee or
authorised person, or in furthering or endeavouring to further the interests of the corporate body, shall be deemed
to have been the conduct of the corporate body, and if the conduct was accompanied by any intention on the part
of the director, employee or authorised person, that intention shall be deemed to have been the intention of the
corporate body.
(3) Where there has been any conduct which constitutes a crime for which a corporate body is or was liable
to prosecution, that conduct shall be deemed to have been the conduct of every person who at the time was a
director or employee of the corporate body, and if the conduct was accompanied by any intention on the part of
the person responsible for it, that intention shall be deemed to have been the intention of every other person who
at the time was a director or employee of the corporate body:
Provided that, if it is proved that a director or employee of the corporate body took no part in the conduct, this
subsection shall not apply to him or her.
(4) For the purposes of imposing criminal liability upon members and employees of an association of persons
which is not a corporate body, any conduct on the part of
(a) a member or employee of the association; or
(b) any person acting on instructions or with permission, express or implied, given by a member or
employee of the association;
in the exercise of his or her power or in the performance of his or her duties as such a member, employee or
authorised person, or in furthering or endeavouring to further the interests of the association, shall be deemed to
have been the conduct of every other person who at the time was a member or employee of the association, and if
the conduct was accompanied by any intention on the part of the member, employee or authorised person, that
intention shall be deemed to have been the intention of every other person who at the time was a member or
employee of the association:
Provided that
(i) if it is proved that a member or employee of the association took no part in the conduct, this subsection
shall not apply to him or her;
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