Provided that the medical practitioner or suitably qualified nurse may decline to take an appropriate sample in terms of this subsection if he or she considers that such taking would be prejudicial to the health or proper care or treatment of the accused person. [Subsection amended by section 25 of Act 9 of 2006.] (4) An appropriate sample taken in terms of subsection (3)— (a) shall consist of blood, urine or other tissue or substance as may be determined by the medical practitioner or suitably qualified nurse concerned, in such quantity as is reasonably necessary for the purpose of determining whether or not the accused person is infected with HIV; and (b) in the case of a blood or tissue sample, shall be taken from a part of the accused person’s body selected by the medical practitioner or suitably qualified nurse concerned in accordance with accepted medical practice. [Subsection amended by section 25 of Act 9 of 2006.] (5) The sample or samples taken from an accused person in terms of this section shall be tested for HIV as soon as possible and be stored at an appropriate place until the conclusion of the trial: Provided that— (i) the results of the testing shall not be revealed at any time before or during the trial, and only be revealed after the conclusion of the trial if the accused person is convicted of a sexual offence; (ii) every sample taken from an accused person in terms of this section shall be destroyed if the accused person is acquitted. (6) Without prejudice to any other defence or limitation that may be available in terms of any law, no claim shall lie and no set-off shall operate against— (a) the State; or (b) any Minister; or (c) any medical practitioner or suitably qualified nurse; in respect of any detention, injury or loss caused by or in connection with the taking of an appropriate sample in terms of subsection (3), unless the taking was unreasonable or done in bad faith or the person who took the sample acted negligently. [Subsection amended by section 25 of Act 9 of 2006.] (7) Any person who, without reasonable excuse, hinders or obstructs the taking of an appropriate sample in terms of subsection (3) shall be guilty of an offence and liable to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both. [Section inserted by Act 23 of 2004] 303 Evidence on charge of infanticide or concealment of birth (1) On the trial of a person charged with infanticide in terms of the Infanticide Act [Chapter 9:12], or with murder or culpable homicide of a newly born child, the child in respect of which the offence was committed shall be deemed to have been born alive if it is proved to have breathed, whether or not it has had an independent circulation, and it shall not be necessary to prove that such child was at the time of its death entirely separated from the body of its mother. (2) On the trial of a person charged with the concealment of the birth of a child, it shall not be necessary to prove whether the child died before, at or after its birth. 304 Evidence as to counterfeit coin When upon the trial of any person it becomes necessary to prove that any coin produced in evidence against him is false or counterfeit, it shall be sufficient to prove that fact by the evidence of any credible witness. 305 Evidence on charge of receiving (1) When proceedings are taken against any person for having received stolen goods knowing them to be stolen, or for having in his possession stolen property or anything obtained by means of an offence knowing the same to have been stolen or so obtained, evidence may be given at any stage of the proceedings that there was found in the possession of such person other property stolen or obtained by some such offence as aforesaid within the period of twelve months preceding the time when such person was first charged before a magistrate with the offence in respect of which proceedings are being taken. (2) Evidence such as is referred to in subsection (1) may be taken into consideration f or the purpose of proving that the person concerned knew the property which forms the subject of the proceedings taken against him to have been stolen or obtained by an offence referred to in that subsection: Provided that not less than three days’ notice in writing shall be given to the accused that proof is intended to be given of such other property stolen or obtained by some such offence as aforesaid within the preceding period of twelve months having been found in his possession, and such notice shall specify the nature or description of such other property and the person, if known, from whom the same was stolen or obtained by means of an o ffence.