S v Witbooi and Others (CC04/2018) [2018] ZAWCHC 149

14th November 2018

S v Witbooi and Others (CC04/2018) [2018] ZAWCHC 149

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1. Sentence involves the judicious exercise of the court’s discretion after having had regard to all the factors that weigh upon sentence. Both mitigating and aggravating circumstances are relevant considerations.

2. That weighing up exercise necessitates taking account of the personal circumstances of the accused, the nature and circumstances of the offence and the impact that the offence has had on the complainant, the family and society as a whole.

3. Courts are enjoined to achieve the objects of sentence which are: deterrence, rehabilitation, where applicable, and retribution.