CMY3704
Assignment 1
Due 2025
, 1. Introduction
The South African criminal justice system incorporates various sentencing options
intended to balance the objectives of justice, deterrence, and rehabilitation. While
imprisonment remains one of the most frequently imposed punishments, it is not applied
in isolation—its appropriateness depends on factors such as the seriousness of the
offence, the offender’s personal circumstances, and prevailing societal conditions.
These include persistent challenges like overcrowded prisons, limited rehabilitative
resources, and socio-economic inequalities that often contribute to recidivism.
This paper critically examines the different forms of imprisonment provided for under
South African law. Using the case of Thabo Mokoena alongside relevant statutory
provisions and case law, it analyses the legal framework governing custodial sentences,
evaluates whether Mokoena’s sentence was suitable, and considers whether
alternative sanctions could have been justified in light of sentencing principles.
2. Definition of Key Concepts
Imprisonment
Imprisonment entails the deprivation of an individual’s liberty following a
lawful conviction and is executed within a correctional facility. In S v Dodo 2001
(3) SA 382 (CC), the Constitutional Court confirmed that imprisonment serves
multiple purposes—punishment (retribution), deterrence (both individual and
general), and rehabilitation—while upholding constitutional rights.
Sentencing
Sentencing refers to the judicial determination of the appropriate penalty for a
convicted offender. Snyman (2014:12) describes it as a process that seeks to
balance the seriousness of the offence, the offender’s blameworthiness, and the
interests of society.
Correctional Supervision
This is a community-based, non-custodial sentence that allows offenders to serve
their sentence outside of prison under strict monitoring. Muntingh
Assignment 1
Due 2025
, 1. Introduction
The South African criminal justice system incorporates various sentencing options
intended to balance the objectives of justice, deterrence, and rehabilitation. While
imprisonment remains one of the most frequently imposed punishments, it is not applied
in isolation—its appropriateness depends on factors such as the seriousness of the
offence, the offender’s personal circumstances, and prevailing societal conditions.
These include persistent challenges like overcrowded prisons, limited rehabilitative
resources, and socio-economic inequalities that often contribute to recidivism.
This paper critically examines the different forms of imprisonment provided for under
South African law. Using the case of Thabo Mokoena alongside relevant statutory
provisions and case law, it analyses the legal framework governing custodial sentences,
evaluates whether Mokoena’s sentence was suitable, and considers whether
alternative sanctions could have been justified in light of sentencing principles.
2. Definition of Key Concepts
Imprisonment
Imprisonment entails the deprivation of an individual’s liberty following a
lawful conviction and is executed within a correctional facility. In S v Dodo 2001
(3) SA 382 (CC), the Constitutional Court confirmed that imprisonment serves
multiple purposes—punishment (retribution), deterrence (both individual and
general), and rehabilitation—while upholding constitutional rights.
Sentencing
Sentencing refers to the judicial determination of the appropriate penalty for a
convicted offender. Snyman (2014:12) describes it as a process that seeks to
balance the seriousness of the offence, the offender’s blameworthiness, and the
interests of society.
Correctional Supervision
This is a community-based, non-custodial sentence that allows offenders to serve
their sentence outside of prison under strict monitoring. Muntingh
