, CMY3704 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 – DUE August 2025; 100% correct
solutions and explanations.
1. Introduction
South Africa has one of the highest incarceration rates in the world, a
reality that intensifies public debate on sentencing policies and the
effectiveness of imprisonment. The recent case of Thabo Mokoena
highlights the complexities of sentencing decisions in light of the
offender’s history, nature of the crime, public safety, and socio-
economic factors such as prison overcrowding.
This essay will critically examine the various forms of imprisonment
available to South African courts, using Mokoena’s case as a focal
point. It will define relevant key concepts, analyse the applicable legal
framework, evaluate the suitability of each sentencing option, and
assess whether the sentence imposed was appropriate. Consideration
will also be given to broader sentencing trends and public concerns
about justice, rehabilitation, and prison overcrowding.
2. Definition of Key Concepts
Imprisonment: According to Luyt (2021), imprisonment is the
deprivation of liberty by the state as a punishment for a criminal
offence. Van Zyl Smit (2009) views it as a penal measure that
involves placing the offender in a closed facility under state control.
An operational definition for this assignment is: the court-mandated
confinement of an individual in a correctional facility as punishment
for criminal activity.
Correctional Supervision: Sloth-Nielsen and Gallinetti (2011) define
correctional supervision as a non-custodial sentence where the
Semester 2 2025 – DUE August 2025; 100% correct
solutions and explanations.
1. Introduction
South Africa has one of the highest incarceration rates in the world, a
reality that intensifies public debate on sentencing policies and the
effectiveness of imprisonment. The recent case of Thabo Mokoena
highlights the complexities of sentencing decisions in light of the
offender’s history, nature of the crime, public safety, and socio-
economic factors such as prison overcrowding.
This essay will critically examine the various forms of imprisonment
available to South African courts, using Mokoena’s case as a focal
point. It will define relevant key concepts, analyse the applicable legal
framework, evaluate the suitability of each sentencing option, and
assess whether the sentence imposed was appropriate. Consideration
will also be given to broader sentencing trends and public concerns
about justice, rehabilitation, and prison overcrowding.
2. Definition of Key Concepts
Imprisonment: According to Luyt (2021), imprisonment is the
deprivation of liberty by the state as a punishment for a criminal
offence. Van Zyl Smit (2009) views it as a penal measure that
involves placing the offender in a closed facility under state control.
An operational definition for this assignment is: the court-mandated
confinement of an individual in a correctional facility as punishment
for criminal activity.
Correctional Supervision: Sloth-Nielsen and Gallinetti (2011) define
correctional supervision as a non-custodial sentence where the
