CMY3704
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: AUGUST 2025
, 1. Introduction
The South African criminal justice system has developed various forms of sentencing to
achieve justice, deter crime, and rehabilitate offenders. Among these, imprisonment
remains a central mechanism. However, sentencing decisions must be informed by the
nature of the crime, the offender’s history, and the broader social context—including
challenges like prison overcrowding and socio-economic deprivation.
This assignment critically analyses the different forms of imprisonment available under
South African law. Using the case of Thabo Mokoena and recent public debates on
sentencing, the paper will explore the legal framework governing imprisonment, assess
the appropriateness of Mokoena’s sentence, and consider whether alternative
sentencing options may have been more suitable.
2. Definition of Key Concepts
Imprisonment refers to the act of detaining a person in a correctional facility following a
conviction. According to S v Dodo 2001 (3) SA 382 (CC), imprisonment serves multiple
purposes including deterrence, retribution, and rehabilitation.
Sentencing is the judicial determination of a punishment for a convicted individual.
Snyman (2014:12) defines sentencing as the process whereby a court decides the
appropriate legal consequence for a criminal act.
Correctional supervision refers to a non-custodial sentence served under community-
based supervision. Muntingh (2005:42) describes it as a sentence aimed at
reintegrating offenders into society while ensuring accountability.
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: AUGUST 2025
, 1. Introduction
The South African criminal justice system has developed various forms of sentencing to
achieve justice, deter crime, and rehabilitate offenders. Among these, imprisonment
remains a central mechanism. However, sentencing decisions must be informed by the
nature of the crime, the offender’s history, and the broader social context—including
challenges like prison overcrowding and socio-economic deprivation.
This assignment critically analyses the different forms of imprisonment available under
South African law. Using the case of Thabo Mokoena and recent public debates on
sentencing, the paper will explore the legal framework governing imprisonment, assess
the appropriateness of Mokoena’s sentence, and consider whether alternative
sentencing options may have been more suitable.
2. Definition of Key Concepts
Imprisonment refers to the act of detaining a person in a correctional facility following a
conviction. According to S v Dodo 2001 (3) SA 382 (CC), imprisonment serves multiple
purposes including deterrence, retribution, and rehabilitation.
Sentencing is the judicial determination of a punishment for a convicted individual.
Snyman (2014:12) defines sentencing as the process whereby a court decides the
appropriate legal consequence for a criminal act.
Correctional supervision refers to a non-custodial sentence served under community-
based supervision. Muntingh (2005:42) describes it as a sentence aimed at
reintegrating offenders into society while ensuring accountability.
