Criminal Law Code as at 1st March 2007 (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: - 139 -