Law library · Sierra Leone · The Control of Goods Act, Short title 1962
Section 6, The Control of Goods Act, Short title 1962
Status not yet checkedThe Control of Goods Act, Short title 1962, Sierra Leone
(1) Where a person convicted of an offence against this Act or of a contravention of any rule made thereunder is a body
of bodiesF
hodicorporate, every person wh0, at the time of such contravention,
corporate.
(u) on conviction on infornnation, to imprisonment
for a term not exceeding two years, or a fine
not exceeding five hundred pounds, or both such
imprisonment and such fine:
(b) on summary conviction, to imprisonment for a
term 'not exceeding six months, or a fine not
exceeding fifty pounds, or both such imprison
ment and such fine.
was a director or officer of such body .corporate shall be deemed
to be gulty of such contravention, unless he proves th¡t it was
committed without his consent or connivance and that he
exercised all such diligence to prevent its commission as he cught
to have exercised having regard to the nature of his functions as
a director or oficer of such body corporate and to alI the
circumstances.
(2) Where any trade or business is carried on by a firm
consisting of two or more partners, every partner in such firm
shall be liable for the acts or omissions of any other partner so
far as they concern such trade or business, and if any partner
in such firm is convicted of an offence against this Act or of
contravention of any rule made thereunder every other partner
shall be deemed to. be guilty of such offence or contravention
unless he proves that it was committed without his consent or
connivance and that he exercised all such diligence to prevent
its commission as he ought to have cxercised having regard to
the nature of his functions as a partner in such trade or busineSS
and to all the circumstances.
(3) Any person who enmploys for the purpose of his
trade or business any agent, clerk or servant shall be responsible
for the acts or omissions of such agent, clerk or servant so tat
as they concern such trade or business, and if such agent, clerk
pr servant is convicted of an offence against this Act or ot a
No. 6 Control of Goods 1962
.contravention of any rule made thereunder the employer of such
agent, clerk or servant shall be dccmed to be guilty of such
offence Or contravention unless hc proves that it was committediwithout his consent or connivance and that he exercised all
easonable diligence to prevent its comnmission.
ti? 7. (1). Where any person is convicted of an ollence against Power of:
this Act or of a contravention of any rule made thereunder, the Court to
Court sö convicting him may, at its discretion and on application prohibit
made to it by or on behalf of the Attorney-General, with or with- fromoffenders
out imposing any other penalty. make such order, including an cafrying on
order for the closing of any premises, as it thinks fit for prevent- business.
ing such person, during such period as may be specified in the
order, from carrying on, or being concerned in any manner either
directly or indirectly with carrying on, the business in the course
of or in relation to which such offence or contravention was
committed, or any branch of such business or any business or
branch of a business of a similar character, and if any person
contravenes an .order made under this subsection he shall be
liable
(a) on conviction on information, to imprisonment for a
term not exceeding twO years ; or
(6) on summary conviction, to imprisonment for a term
not exceeding 'siX months;
and where the person contravening such order is: a . body
Corporate, such body corporate shall be liable, on conviction on
information, to a fine or, on summary conviction, to a fine not
exceeding one hundred pounds.
-: 2p Where any person is cònvicted of a contravention
of any rule made under this Act, the Court so convicting him
may with or without imposing any other penalty order the forfei- i.
ture to the Crown of any controlled goods in respect of which
such contravention was committed and in the case of a contra
vention of any rule regulating, restricting or prohibiting the
movement of any controlled goods may likewise order the
forfeiture of any vessel, vehicle, or animal in or by which such
go0ds were moved in contravention of such rule.
(3) The powers conferred upon the Court by cither of
the preceding sub-scctions shall be exercisable without prejudiceto the powers conferred by the other.
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