35 Aggravating circumstances 23. (1) If a person is convicted of any offence in terms of this Chapter, a court which imposes any sentence in terms of this Chapter must, without excluding other relevant factors, consider as an aggravating factor the fact that the offence was committed in concert with one or more persons. (2) If a person is convicted of any offence provided for in section 3, 4, 5, 7, 8 or 10, a court which imposes any sentence in terms of those sections must, without excluding other relevant factors, consider as an aggravating factor the fact that the offence was committed by a person, or with the collusion or assistance of that person, who as part of his or her duties, functions or lawful authority— (a) is responsible for the processing of personal information or financial information, which personal information or financial information was involved in any offence provided for in section 3; (b) is in charge of, in control of, or has access to data, a computer device, a computer network, a database, a critical database, an electronic communications network, or a National Critical Information Infrastructure or any part thereof which was involved in any offence provided for in section 4, 5, 7 and 8; or (c) is the holder of a password, access code or similar data or device which was used to commit any offence provided for in section 10. (3) If a person contemplated in subsection (2) is convicted of the offence in question, a court must, unless substantial and compelling circumstances exist which justify the imposition of another sentence as prescribed in paragraphs (a) or (b) of this subsection, impose, with or without a fine, in the case of— (a) a first contravention of section 3, 4, 5, 7, 8 or 10, a period of direct imprisonment of no less than half of the period of imprisonment prescribed by the section which is contravened; and