67
2018
Computer Misuse and Cybercrimes
(2) The court may, on conviction of a person for any
this Act make an order of restitution of any
offence lip
asset gained from the commission of the offence, in
accordance with the provisions and procedures of the
Proceeds of Crime and Anti-Money Laundering Act, 2009.
45. (1) Where the court convicts a person for any
offence under this Part, or for an offence under any other
law committed through the use of a computer system, the
court may make an order for the payment by that person of
a sum to be fixed by the court as compensation to any
person for any resultant loss caused by the commission of
the offence for which the sentence is passed.
No. 5
No. 9 of 2009.
Compensation
order.
(2) Any claim by a person for damages sustained by
reason of any offence committed under this Part is deemed
to have been satisfied to the extent of any amount which
they have been paid under an order for compensation, but
the order shall not prejudice any right to a civil remedy for
the recovery of damages beyond the amount of
compensation paid under the order.
(3) An order of compensation under this section is
recoverable as a civil debt.
46. (1) A person who commits an offence under any
other law through the use of a computer system commits an
offence and shall be liable on conviction to a penalty
similar to the penalty provided under that law.
(2) A Court shall, in determining whether to sentence
a person convicted of an offence under this section,
consider —
(a) the manner in which the use of a computer system
enhanced the impact of the offence;
(b) whether the offence resulted in a commercial
advantage or financial gain;
(c) the value involved, whether of the consequential
loss or damage caused, or the profit gained from
commission of the offence through the use of a
computer system;
(d) whether there was a breach of trust or
responsibility;
(e) the number of victims or persons affected by the
offence;
Additional penalty
for other offences
committed
through use of a
computer system.