21
(b)
A court which imposes any sentence in terms of this section
must, without excluding other relevant factors, consider as aggravating factors—
(i)
the fact that the offence was committed by electronic means;
(ii)
the extent of the prejudice and loss suffered by the complainant as a result of the
commission of such an offence; and
(iii)
the extent to which the person gained financially, or received any favour, benefit,
reward, compensation or any other advantage from the commission of the
offence.
Computer related forgery and uttering
12.
(1)
Any person who unlawfully and intentionally makes a false data
document to the actual or potential prejudice of another person is guilty of the offence of
computer related forgery.
(2)
Any person who unlawfully and intentionally passes off a false data
document to the actual or potential prejudice of another person is guilty of the offence of
computer related uttering.
(3)
(a)
A court which convicts a person of an offence in terms of
this section, may impose any sentence, as provided for in section 276 of the Criminal
Procedure Act, 1977 (Act No. 51 of 1977), which that court considers appropriate and
which is within that court‟s penal jurisdiction.
(b)
A court which imposes any sentence in terms of this section
must, without excluding other relevant factors, consider as aggravating factors—
(i)
the fact that the offence was committed by electronic means;
(ii)
the extent of the prejudice and loss suffered by the complainant as a result of the
commission of such an offence; and
(iii)
the extent to which the person gained financially, or received any favour, benefit,
reward, compensation or any other advantage from the commission of the
offence.