(16) Where the court has acted under paragraph (a), (b) or (c) of subsection (2) and the offender changes his
place of residence before the expiration of the period of the postponement or suspension, as the case may be, he
shall forthwith give notice in writing to the registrar of the High Court, where the postponement or suspension
was ordered by the High Court, or, where the postponement or suspension was ordered by another court, to the
clerk of such court, and shall in such notice state fully and clearly where the place of residence to which he has
removed is situated.
(17) Any person who contravenes subsection (16) shall be guilty of an offence and liable to a fine not exceeding level four.
[Subsection amended by section 4 of Act 22 of 2001.]
359 Magistrates court not to impose sentences of less than four days
No person shall be sentenced by a magistrates court to imprisonment for a period of less than four days,
unless the sentence is that the offender be detained until the rising of the court.
360 …..
[Section repealed by section 282 of Act 23 of 2004]
PART XIX
COMPENSATION AND R ESTITUTION
361 Interpretation in Part XIX
In this Part—
“injured party” means a person who is entitled to—
(a) an award of compensation in terms of section three hundred and sixty-two, three hundred and sixtythree or three hundred and sixty-four; or
(b) an order in terms of section three hundred and sixty-five for the restoration of property to him.
362 Compensation for loss of or damage to property
(1) Subject to this Part, a court which has convicted a person of an offence may forthwith award compensation to any person whose right or interest in property of any description has been lost or diminished as a direct
result of the offence.
(2) For the purposes of subsection (1)—
(a) if a person has been obliged as a direct result of an offence to incur expenditure in connection with any
property, a court may regard the whole or any part of the expenditure as being the amount by which his
right or interest in the property has been diminished, and may award him compensation accordingly;
(b) where damage is occasioned to stolen property or to property that is the subject of an attempted theft
while the property is out of the owner’s possession, such damage shall be deemed to have been occasioned as a direct result of the theft or attempted theft, as the case may be, of the property concerned.
363 Compensation for personal injury
Subject to this Part, a court which has convicted a person of an offence may forthwith award compensation to
any person who has suffered personal injury as a direct result of the offence.
364 Compensation to innocent purchaser of property
Subject to this Part, where—
(a) a court has convicted a person of an offence involving the unlawful obtaining, possession or disposal of
property of any description; and
(b) the court is satisfied that the convicted person disposed of the property for value to another person who
had no knowledge that it had been unlawfully obtained or possessed or was being unlawfully disposed
of, as the case may be;
the court may forthwith award compensation to that other person in an amount not exceeding the value of any
consideration which he paid or gave in respect of the disposal of the property to him.
365 Restitution of unlawfully obtained property
(1) Subject to this Part, a court which has convicted a person of an offence involving the unlawful obtaining
of property of any description may order the property to be restored to its owner or the person entitled to possess
it.
(2) For the purposes of subsection (1), where the property referred to in that subsection consists of—
(a) money, the court may order that an equivalent amount be paid to the injured party from moneys—
(i) taken from the convicted person on his arrest or search in terms of any law; or
(ii) held in any account kept by the convicted person with a bank, building society or similar institution; or
(iii) otherwise in the possession or under the control of the convicted person;
(b) fungibles other than money, the court may order that an equivalent amount or quantity be handed over to
the injured party from similar fungibles in the possession or under the control of the convicted person.
Select target paragraph3
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