(e) if the stock theft involved any bovine or equine animal stolen in the circumstances described in paragraph (a) or (b), and there are no special circumstances in the particular case as provided in subsection (3), to imprisonment for a period of not less than nine years or more than twenty-five years; or (f) if the stock theft was committed in the circumstances described in paragraph (a) or (b) but did not involve any bovine or equine animal, or was committed in the circumstances described in paragraph (c) or (d) (i) to a fine not exceeding level fourteen or twice the value of the stolen property, whichever is the greater; or (ii) to imprisonment for a period not exceeding twenty-five years; or both. (3) If a person convicted of stock theft involving any bovine or equine animal stolen in the circumstances described in paragraph (a) or (b) of subsection (2) satisfies the court that there are special circumstances peculiar to the case, which circumstances shall be recorded by the court, why the penalty provided under paragraph (e) of subsection (2) should not be imposed, the convicted person shall be liable to the penalty provided under paragraph (f) of subsection (2). (4) A court sentencing a person under paragraph (e) of subsection (2) (a) to the minimum sentence of imprisonment of nine years, shall not order that the operation of the whole or any part of the sentence be suspended; (b) to imprisonment in excess of the minimum sentence of imprisonment of nine years, may order that the operation of the whole or any part of the sentence exceeding nine years be suspended. (5) Any person who enters any cattle kraal, stable, byre, fold, pen, sty, loft, coop, run, building or other enclosure with intent to steal any livestock or its produce therefrom shall be guilty of attempted stock theft and liable to a fine not exceeding level twelve or imprisonment for a period not exceeding two years or both. (6) When any person is accused of a contravention of subsection (5), the onus shall be on such person to prove that he or she had no intention of stealing any livestock or its produce. (7) A person accused of contravening (a) paragraph (a) or (b) of subsection (2) may be found guilty of theft or receiving stolen property knowing it to have been stolen, if such a conviction is the more appropriate on the evidence; (b) paragraph (c) or (d) of subsection (2) may be found guilty of theft, receiving stolen property knowing it to have been stolen or possessing property reasonably suspected of being stolen, if such conviction is the more appropriate on the evidence; (c) paragraph (c) or (d) of subsection (2) may be charged alternatively with theft, receiving stolen property knowing it to have been stolen or possessing property reasonably suspected of being stolen. [Paragraph amended by section 31 of Act 9 of 2006.] (8) Any person charged with the stock theft involving livestock or its produce belonging to a particular person may be found guilty of stock theft, theft or any other crime of which he or she may be found guilty in terms of Chapter XV notwithstanding the fact that the prosecution has failed to prove that such livestock or produce actually did belong to such particular person. 115 When persons deemed to intend to deprive others permanently of property Without limiting the expression in any way, a person shall be deemed for the purpose of sections one hundred and thirteen and one hundred and fourteen to intend to deprive another person permanently of that person’s ownership, possession or control of property if (a) having taken possession or assumed control of the property, he or she (i) abandons it without regard to whether or not it is restored to the other person; or (ii) subjects it to a use which he or she realises will destroy it; or (b) he or she consumes the property, intending to return identical property to the other person; or (c) the property being money, he or she spends it, intending to return the same amount to the other person. 116 Unauthorised borrowing or use of property Any person who, knowing that another person is entitled to own, possess or control any property capable of being stolen or realising that there is a real risk or possibility that another person may be so entitled, takes possession or control of the property without the consent of that other person, intending to temporarily hold or make temporary use of it and then return it to that other person’s possession or control, shall be guilty of unauthorised borrowing or use of property, and liable to (a) a fine not exceeding level fourteen or not exceeding twice the value of the property which forms the subject of the charge, whichever is the greater; or (b) imprisonment for a period not exceeding two years; or both.