Recent Case: Sentencing

• Jurisdiction: South Africa
• Pages: 249-261
• Author: Stephan Terblanche
• Published date: 03 September 2019
• Date: 03 September 2019
• Citation: (2003) 16 SACJ 249

Recent Cases

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249

Sentencing

STEPHAN TERBLANCHE

University of South Africa, Pretoria

General principles

Balancing consistency and individualisation

In

S v McMillan

2003 (1) SACR 27 (SCA), the accused was convicted of

indecently assaulting young boys. In considering the appeal against the

sentence of 10 years' imprisonment, Brand JA found that this sentence was

too severe, especially when compared with other sentences in comparable

cases confirmed in that court. Whilst every case should be dealt with on its

own merits, and even though the sentences imposed in other cases do not

bind the sentencer's discretion, they do provide guidelines. It is an

inescapable requirement of equality that sentences have to be consistent,

(2003) 16 SACJ 249

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