http://hdl.handle.net/10500/5693 2013-06-20T08:34:28Z 2013-06-20T08:34:28Z Terblanche, SS http://hdl.handle.net/10500/9040 2013-04-27T22:02:09Z 2011-01-01T00:00:00Z

Sentencing Terblanche, SS The article contains a systematic discussion of all noteworthy judgments dealing with issues related to sentencing. It assesses these judgments against the background of applicable law, and attempts to make a contribution to the improvement of sentencing practices where relevant.

2011-01-01T00:00:00Z Terblanche, SS http://hdl.handle.net/10500/8894 2013-04-13T22:00:29Z 2011-01-01T00:00:00Z

The punishment must fit the crime: Also when the offender has previous convictions? Terblanche, SS The extent to which previous convictions should influence the sentence of an offender is unclear and, in South Africa, not based on clear principle. Although most people feel instinctively that an increased sentence is justified, courts follow varying practices and long prison sentences for petty offences often result. The article considers current sentencing practices and discusses the theoretical frameworks that have been proposed internationally. It closes with submissions aimed at improving the current situation.

2011-01-01T00:00:00Z Terblanche, SS http://hdl.handle.net/10500/8893 2013-04-13T22:00:29Z 2013-02-01T00:00:00Z

Judgments on sentencing: Leaving a lasting legacy Terblanche, SS It is generally accepted that sentencing is a particularly difficult part of the criminal process. Judicial discretion has an important role in sentencing. Several legal principles have been developed to guide the discretion. In South Africa it has been accepted that retribution as basis for sentencing was less important than prevention and rehabilitation. In the meantime many other jurisdictions returned to consider retribution as central to sentencing. To date our jurisprudence has largely ignored these developments. However, Judge Harms saw to it that our authorities also include these new approaches. His judgments always referred to a variety of foreign and local authority and kept both the bench and academics on their toes. With respect to the current development of South African law on sentencing, Judge Harms’s judgments were far ahead of their time.

2013-02-01T00:00:00Z Terblanche, SS http://hdl.handle.net/10500/8826 2013-03-30T22:00:41Z 2011-03-01T00:00:00Z

Sentencing murder and the ideal of equality Terblanche, SS This article compares the legal principles governing the sentencing of murderers in terms of the laws applicable in South Africa, Botswana and Germany. Considerable differences in the typical sentences are noted, ranging from the death penalty, to terms of imprisonment, with further differences in the length of the sentences that are served. The last part of the article argues that this situation is contrary to the concepts of human dignity and equality, as understood in terms of international human rights principles.

2011-03-01T00:00:00Z