CMY3704 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE August 2025

Thabo Mokoena, a 34-year-old man from Soweto, was convicted in the Johannesburg Regional Court in February 2024 on three counts of armed robbery, one count of possession of an unlicensed firearm, and one count of assault with intent to do grievous bodily harm. The incidents occurred over a six-month period in 2023, during which Mokoena and two accomplices targeted small spaza shops in the area. Surveillance footage showed Mokoena brandishing a firearm and physically assaulting one shop owner who tried to resist. Mokoena has a criminal record: he was previously convicted in 2017 for housebreaking and theft, for which he received a three-year suspended sentence. That sentence was later activated when he was found guilty of possession of stolen property in 2019, resulting in 18 months of imprisonment. He was released in 2020. During the trial, the court heard that Mokoena grew up in a high-crime area, dropped out of school in Grade 9, and has been unemployed since his release from prison. A probation officer’s report indicated that Mokoena has expressed remorse and is willing to participate in rehabilitation programmes. He currently lives with his elderly mother and two young children, whom he supports intermittently. The prosecution argued for a minimum sentence of 15 years’ imprisonment in line with the Criminal Law (Sentencing) Amendment Act, as the crimes involved the use of a firearm. The defence pleaded for leniency, suggesting periodic imprisonment or correctional supervision, citing Mokoena’s willingness to reform and the potential negative impact of long-term imprisonment on his family. CMY3704/2025 4 The presiding judge sentenced Mokoena to a total of 18 years’ imprisonment, with sentences running consecutively. No form of suspension or periodic imprisonment was granted. The judge cited the seriousness of the offences, the use of a firearm, and Mokoena’s prior record as justifying the harsh sentence. Recent Context: Overcrowding and Public Debate This case comes amid growing public concern over prison overcrowding in South Africa. According to the Department of Correctional Services (2023), South African prisons operate at 132% of their capacity. In 2020, during the peak of the COVID-19 pandemic, over 19,000 inmates were released on special parole to reduce the spread of the virus in overcrowded facilities (News24, 2020). This sparked national debate on the effectiveness and necessity of mass imprisonment. More recently, the case of Nkepile Mabuse, a first-time offender sentenced to five years for fraud involving R450,000 from her employer, also drew public attention. The sentence was criticised as excessive, with many arguing that correctional supervision or community service would have been more appropriate, especially given her lack of prior record and efforts to repay the money. Meanwhile, in contrast, serial rapist Sibusiso Duma was sentenced to life imprisonment in 2023 after being convicted of multiple sexual assaults, including on requirements will result in a deduction of marks and may lead to failure of the assessment. Therefore, it is very important to familiarise yourself with these requirements. Please consult Tutorial Letter KRMALLR/301/4/2025 for more information on how to properly structure a written assessment. 4.1 Sources (a) Use the study guide for CMY3704 as a starting point for your assignment and integrate at least two (2) additional sources of information. In other words, you must use at least 3 sources (the study guide and two additional sources) to complete the assignment. Additional sources may include journal articles, news articles, or academic books. Note that the following source are excluded and must not be used: CMY3704/2025 5 o Other module study guides o Language dictionaries (Only subject or scientific dictionaries are accepted. o Wikipedia o ChatGPT or any other artificial intelligence tool language model tool. (b) Use recent sources - preferably not older than ten (10 years). (c) Do not copy examples from the study guide. Provide examples from other sources. 4.2 Technical care and format The assignment must be typed in electronic format and submitted as a pdf document. Apply the following technical care and format to your document: a) First page: The cover page must contain your name, surname, student number, module name and code, semester and assessment number (i.e. Assessment 1). b) Second page: The Table of Contents must contain all the headings, subheadings, and page numbers of the headings and subheadings. Please see the study guide for an example of a table of contents. c) Subsequent pages: • Introduction: An introduction normally consists out of 2 paragraphs. In par 1, the issue under discussion is put into context so that the reader is able to understand the importance of discussing the matter. In par 2 an outline is provided of all the aspects that will be included in your discussion. • Definition of key concepts: The key words usually (not always) appear in the wording of the question. Do not define too many concepts. When defining a concept, please make use of 2- 3 different scientific definitions for the same concept from different sources. Use the information from these definitions to create your own definition, called n operational definition. • Summary and Conclusion: You must provide a brief outline of the aspects you have discussed and also provide your own opinion on the matter. d) Headings and subheadings: All headings and subheadings must be numbered in chronological order. e) Font and line spacing: The line spacing must be set at 1.5., Arial font size 11. f) Page length: Minimum 5 pages (excluding the cover page, table of contents and list of references). Maximum 12 pages (inclusive of the cover page, table of contents and list of references). 4.3 Referencing sources a) It is very important to consult Tutorial Letter SCHJALL/301/4/2025 (the Unisa School of Criminal Justice Referencing Guide) on how to reference sources in the text of the document and reference list. b) The reference list must contain a complete list of the sources cited in the assignment text. This means that every source that is referred to (or cited) in the text of the assignment, must also be provided (cited) in the reference list. c) All references must be cited according to the Harvard reference method used by the Unisa School of Criminal Justice. c) Cite sources in the text when you use an author’s idea, words or to support an argument. CMY3704/2025 The legal framework for each form of imprisonment (e.g., ordinary, life, periodic, indeterminate, suspended, and correctional supervision). • The suitability of each sentencing option in Mokoena’s case. • The advantages and disadvantages of imprisonment as a punishment strategy. • The impact of prison overcrowding and socio-economic factors on sentencing decisions. • Whether the sentence imposed on Mokoena was proportionate and just, or if alternative forms of sentencing should have been considered. • Support your discussion with references to the learning unit, at least 2 more relevant academic sources, relevant legislation (e.g., Criminal Procedure Act 51 of 1977, Correctional Services Act 111 of 1998), and recent South African cases or news reports. Marking criteria Before you submit the assignment, please use this check list to evaluate if your assignment meets all the requirements mentioned below: 1. Does the assignment contain a cover page that includes the student's particulars, the module name and code, semester and assignment number? 2. Does the assignment contain a table of contents, inclusive of relevant headings as reflected in the body of the assignment? 3. Are the headings numbered in chronological order and are the page numbers (on which the heading first appears) included in the table of contents? 4. Does the answer contain an introduction, a definition of key concepts and a conclusion (inclusive of headings)? 5. Does the answer contain an operational definition? Are the definitions of the concept rewritten in the student’s own words (with acknowledgement to the sources). 6. Does the introduction set out the topic and purpose of the assignment or topic and is it written Critically discuss the different forms of imprisonment available to South African courts, using the case of Thabo Mokoena and the broader sentencing context provided. In your answer, consider: in clear, understandable terms? 7. Does the conclusion reflect the main points that were discussed in the body of the assignment (excluding a short summary of the headings)? 8. Did the student apply any practical examples or case scenarios. 9. Are all the elements of both topics logically and coherently presented, supported by evidence (citations both in-text and the list of references) and in accordance with the learning outcomes of the module/learning units? 10. Is there clear evidence of plagiarism and/or academic misconduct?Critically discuss the different forms of imprisonment available to South African courts, using the case of Thabo Mokoena and the broader sentencing context provided. In your answer, consider: 11. Does the assignment contain minimal to no direct quotations? 12. Did the student adhere to the structural and technical care requirements, outlined in assessment instructions? 13. Did the student use the study guide as the foundation of their discussions? 14. Did the student consult at least two additional sources of information (other than the prescribed book and study guide) and incorporate it in their arguments/discussions? d) Only cite a source if you have personally consulted the specific source. e) Copying sources cited in the prescribed book or any other source will not be tolerated.