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Sentencing practice in military courts

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dc.contributor.advisor Terblanche, S.S.
dc.contributor.author Nel, Michelle (Military lawyer)
dc.date.accessioned 2012-07-06T12:10:46Z
dc.date.available 2012-07-06T12:10:46Z
dc.date.issued 2012-01
dc.identifier.uri http://hdl.handle.net/10500/5969
dc.description.abstract The purpose of this study is to investigate the sentencing practice of the military courts. Since an independent and impartial military judiciary is essential to ensure that justice is done a further aim of this study is to investigate whether the military courts are impartial, independent and affords the accused his fair trial rights. The sentences imposed by military courts are investigated and concerns regarding the imposition of these sentences are identified. Finally the appeal and review procedures followed by the military courts are investigated with specific reference to the military accused’s right appeal and review to a higher court as provided for by the Constitution. The sentencing phase of a trial forms an important part of the whole trial process. This is also true for military trials, yet no research has been done on military sentencing practice. Because of the potential influence of the draft Military Discipline Bill and the Law Reform Commission’s revision of the defence legislation on sentencing, research in this area is critical in the positive development of sentencing law in the military justice environment. An extensive literature study is undertaken to evaluate current military sentencing practices against civilian practices. The result of this study identifies certain concerns regarding the independence of the military courts, the treatment of military offenders and the appeal and review powers of the military reviewing authority. To a large extent it is also found that many concerns are based on the apparent rather than the existence of any real dangers to the independence of the military courts or the rights of the military accused. This thesis contributes to the accessibility of military law for a civilian audience, creating a platform for the development of future military sentences. en
dc.format.extent 1 online resource (556 p.)
dc.language.iso en en
dc.subject Military law
dc.subject Military courts
dc.subject Sentencing
dc.subject Military appeal
dc.subject Military review
dc.subject Judicial independence
dc.subject Fair trial rights
dc.subject Military offenders
dc.subject Defence
dc.subject SANDF
dc.subject.ddc 343.143068
dc.subject.lcsh South Africa. National Defence Force
dc.subject.lcsh Military courts -- South Africa
dc.subject.lcsh Sentences (Criminal procedure) -- South Africa
dc.subject.lcsh Military law -- South Africa
dc.title Sentencing practice in military courts en
dc.type Thesis en
dc.description.department Jurisprudence
dc.description.degree LLD


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