1887

n South African Journal of Criminal Justice - Sentencing - recent cases

Volume 32 Number 3
  • ISSN : 1011-8527

Abstract

The court in S v Mosikili 2019 (1) SACR 705 (GP) at paras [16] et seq employed the triad of Zinn (S v Zinn 1969 (2) SA 537 (A) at 540G–H), before deciding to replace the sentence of imprisonment, imposed by the regional court, with correctional supervision. The facts are detailed below – see Murder. The court considered the crime serious (at para [18]), but also considered the events leading to the crime, concluding that the deceased had contributed to ‘his own demise’ (at para [24]). As to the offender’s personal circumstances, it was mitigating that he was, at 58 years of age, the primary breadwinner of his family (at para [26]), a first offender (at para [27] – ‘highly valued as a mitigating factor’), with the motive to end the deceased’s drawn-out terrorism of the family, and he was considered remorseful (at para [31]). In addition, he experienced ‘intense emotional suffering’ because of what he had done (at para [29]), to such an extent that the court accepted that he was ‘already serving a sentence’. In other words, it concluded, there ‘is little or no need for retribution in this case’ (at para [29]). The court also concluded, given the ‘unique circumstances and motivation for the crime’, that the chances of recidivism were remote (at para [30]). Also, because the appellant ‘lacks coping mechanisms’, correctional supervision provided a better chance of getting appropriate treatment than other sentences (at para [32]). The court’s equation of this treatment as achieving ‘the goal of rehabilitation’ can be criticised, but this is best left for another day.

Loading full text...

Full text loading...

Loading

Article metrics loading...

/content/journal/10520/EJC-1bbb58408e
2019-12-01
2020-09-20

This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error