Browsing PER: Potchefstroom Electronic Law Journal by Subject "Sentencing"
Now showing items 1-4 of 4
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Can the application of the human rights of the child in a criminal case result in a therapeutic outcome?
(North-West University (Potchefstroom Campus), Faculty of Law, 2010)Prior to the change brought about by S v M,1 the interests of children were only considered as a circumstance or mitigating factor of the offender during the sentencing process. The article will discuss case law in order ... -
Deciphering dangerousness: a critical analysis of section 286A and B of the Criminal Procedure Act 51 of 1977
(PER/PELJ, 2019)The violent nature of some crimes and the high crime rate in South Africa reflect the fact that some offenders constitute a real threat to the security of communities. It is understandable, therefore, that the state seeks ... -
Examining the Application of Deterrence in Sentencing in Malawi
(2017-12-18)This article is an exposition of the application of deterrence in Malawian sentencing jurisprudence. Drawing from case law, it explores how courts employed deterrence before 1994 and the role deterrence continues to play ... -
Twenty Years of Constitutional Court Judgments: What Lessons are there about Sentencing?
(2017-12-05)This contribution considers the Constitutional Court of South Africa’s judgments regarding aspects of sentencing. It starts with an overview of relevant judgments, before attending in more detail to judgments on the minimum ...