In this dissertation the problems surrounding the sentencing stage and factors
which influence the sentence are briefly considered. The emphasis is on the use
and value of a pre-sentence report in determining suitable sentences other than
imprisonment. Historical background in the use of pre-sentence reports in South
Africa, England and America is briefly referred to. Relevant concepts, such as
individualisation of punishment, are considered in relation to possible sentences
such as compensation, fines, community service, and correctional supervision. It
is concluded that the provisions of sections 274 and 276A of the Criminal
Procedure Act 51 of 1 977 are not enough to regulate the use of pre-sentence
reports in South Africa. It is further concluded that legislation is needed in this
area, but in the meantime, our courts should work towards developing guidelines
based on the provisions of the Criminal Procedure Act 51 of 1 977. / Criminal & Procedural Law / LL.M (Law)
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:umkn-dsp01.int.unisa.ac.za:10500/18643 |
| Date | 11 1900 |
| Creators | Mocwaledi, Oarabile Ishmael |
| Contributors | Terblanche, S. S. (Stephanus Salomon), 1959- |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (iii, 61 leaves) |
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