When crimes are committed and it is proven beyond reasonable doubt that an accused person is guilty, sentencing becomes a central aspect in finalizing the course of justice.

This article seeks to discuss in part, how different Courts consider sentencing, to what extent and what guides them.

THE SENTENCE AND WHAT INFLUENCES IT

During a criminal trial, after the Court finds the accused person guilty of the offence they are charged with, the Court proceeds to give the appropriate sentence for the crime that the accused is guilty of. The final sentence to be issued is influenced by various factors which follow.

The accused is given an opportunity to mitigate the sentence. This simply means that the accused tries to persuade the court to be lenient with him/her with the punishment to be meted out. Factors advanced by the accused in mitigation are not exhaustive, but often include, the severity of the offence and the associated circumstances, their personal circumstances such as their age, dependants, and their criminal record, whether they are first time offenders or not.

The prosecution on behalf of the state likewise attempts to influence the court by making submissions on the aggravating factors- essentially, these factors seek to persuade the court to issue out a heavy sentence.

The final decision on the sentence to be imposed rests with the court. In most cases, the courts have the liberty of using their discretion or are strictly bound by the prescribed sentences as per the legislation.

HOW THE COURTS APPROACH SENTENCING

Different Courts approach sentencing circumstantially.

In the District Magistrates Courts, the said courts are by law only allowed to give sentence of imprisonment up to three (30 years imprisonment, and when they give a fine as part of their sentence, such fine can only go up to R120 000.00 and they are precluded from adjudicating certain cases.

The Regional Magistrates Courts on the other hand can sentence an individual for a prison term up to 25 years and to a fine of up to R600 000.00. This Court can adjudicate all cases save for treason.

The High Court and other Superior Courts can adjudicate all criminal offenses and often, matters referred to the high Court are of serious nature. In sentencing, the said Court is restricted only by the legislatively imposed guidelines.

Consequently, the Courts, when giving a sentence, can sentence a convicted accused to a term of imprisonment, a monetary fine, or both a fine and a prison term. The Courts in appropriate circumstances can also sentence a person to correctional supervision. This form of sentence can take form of either-or combination of a house arrest, monitoring by the Department of Correctional Services through a probation officer and/or community service.

Over and above, the Courts are bound by the triad of Zin when determining sentence. The relevant factors taken into consideration are the gravity of the offence, personal circumstances of the offender and the public interest, and the court has to weigh these factors accordingly ion order to come to a constitutional fair and sound sentence.

ARE SENTENCES FINAL?

Sentences imposed are not final and can be appealed. A sentenced person can appeal to a higher Court if they are of the view that the sentence imposed is unfair, disproportionate and that factors determining the sentence were not adequately considered. A court considering such an appeal on the sentence will have a judicial discretion to alter or reverse the sentence imposed and complained about.

CONCLUSION

It is important that an accused in a criminal matter be adequately represented by a competent and/or knowledgeable legal practitioner who can advance their interest and, if found guilty, the practitioner can use legal avenues and factors to persuade the court to reach a fair and favourable sentence.