Case Review: Sentencing

• Jurisdiction: South Africa
• Published date: 16 August 2019
• Pages: 109-121
• Citation: (2005) 18 SACJ 109
• Date: 16 August 2019
• Author: Stephan Terblanche

Recent cases 109

Sentencing

STEPHAN TERBLANCHE

University of South Africa, Pretoria

General principles

Guidance from other cases

The court in S v G2004 (2) SACR 296 (W) followed a proper approach

with respect to the guidance that is to be gained from sentences imposed

in previous judgments. First, Borchers J accepted that she was bound by

Supreme Court of Appeal judgments to the effect that the prescribed life

imprisonment should not be imposed, unless the rape could be said to be

among the worst cases of rape (see also ‘Rape’ below). Second, the court

referred to the diff‌i culty of comparing one case with another, as ‘there

are always important similarities and important differences’ (at 300d–e).

Therefore, previous judgments could only serve as guidelines. Utilising a

guideline requires that the relevant aggravating and mitigating factors of

the particular case be highlighted and compared with those of others.

(2005) 18 SACJ 109

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