• Login
    View Item 
    •   NWU-IR Home
    • Research Output
    • Faculty of Law
    • View Item
    •   NWU-IR Home
    • Research Output
    • Faculty of Law
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Remitting of a case to the trial court and the duty to the steps to obtain evidence to determine the existence of substantial and compelling circumstances

    Thumbnail
    Date
    2015
    Author
    Tshehla, Boyane John
    Metadata
    Show full item record
    Abstract
    It has been a while since the minimum-sentencing legislation introduced a new approach to sentencing in the South African courts. After the initial resistance and considerable diversity in the different courts' approach to the legislation, it can now been said that the courts have given adequate clarity to the sentencing regime and how it should be approached. In S v Malgas (2001 (2) SA 1222 (SCA)), the court outlined the principles and the procedure that are appropriate in dealing with this sentencing regime. In S v Dodo (2001 (3) SA 382 (CC)), the Constitutional Court solidified the approach adopted in Malgas and, since then, there appears to be clarity regarding the sentencing approach. In sum, the courts are obliged to impose the specified minimum sentences unless there are substantial and compelling circumstances. In the absence of such substantial and compelling circumstances, the court has no option but to impose the prescribed minimum sentence.
    URI
    http://hdl.handle.net/10394/19302
    http://hdl.handle.net/10520/EJC184711
    Collections
    • Faculty of Law [388]

    Copyright © North-West University
    Contact Us | Send Feedback
    Theme by 
    Atmire NV
     

     

    Browse

    All of NWU-IR Communities & CollectionsBy Issue DateAuthorsTitlesSubjectsAdvisor/SupervisorThesis TypeThis CollectionBy Issue DateAuthorsTitlesSubjectsAdvisor/SupervisorThesis Type

    My Account

    LoginRegister

    Copyright © North-West University
    Contact Us | Send Feedback
    Theme by 
    Atmire NV