Recent Case: Sentencing

• Jurisdiction: South Africa
• Author: Stephan Terblanche
• Date: 24 May 2019
• Pages: 98-111
• Published date: 24 May 2019
• Citation: (2003) 16 SACJ 98

98



SACJ •

(2003) 16

Sentencing

STEPHAN TERBLANCHE

University of South Africa, Pretoria

This section contains an overview of judgments reported from March to

December 2002. Judgments merely confirming law that can be regarded as

trite, or not contributing to an understanding of the current state of the law

have generally been excluded. However, one fairly typical sentencing

judgment has been included, because it raised much interest at the time (see

S v Smith

2002 (1) SACR 188 (T) below under

Assault).

General principles of sentencing

Application of general principles

The general principles of sentencing are, obviously, applied in all cases. But

in

S v Isaacs

2002 (1) SACR 176 (C) 178 Davis J complained about the

tendency of presiding officers (this should be read as 'magistrates') of

invoking the triad in

Zinn

'almost as a ritual incantation to a query as to the

(2003) 16 SACJ 98

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