Judgments on sentencing: Leaving a lasting legacy
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Authors
Terblanche, SS
Issue Date
2013-02
Type
Article
Language
en
Keywords
Sentencing; purposes of punishment; objects of punishment; deterrence; retribution; rehabilitation; parole; non-parole period; judge Louis Harms
Alternative Title
Abstract
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.
Description
Citation
(2013) 76 THRHR 95-106
Publisher
Lexis Nexis