I Was Out on Bail, Found Guilty and I Am Waiting for Sentencing – What Can I Expect?

01 July 2025 ,  Lerato Mashego 28

If you have been found guilty in a South African court and are now awaiting sentencing, you are likely facing a whirlwind of emotion, confusion, anxiety, and uncertainty. One of the most pressing questions you may have, what happens next? In short, what remains is the sentencing phase, and that is the phase where the court decides the appropriate punishment for your offence. 

 It is important to remember that sentencing is not just about jail time and being found guilty does not automatically mean you will go to prison. South African courts are guided by principles of justice, fairness, and proportionality. This means the court will look at several factors before deciding on your sentence, including the seriousness of the crime, your personal circumstances (e.g. age, employment, dependents), whether it is your first offence, whether you showed remorse or took responsibility of the offence committed and the impact of the crime on the victim and society.

Once such an enquiry is done, the Court will now consider a suitable sentence and the types of sentences that may be imposed depending on the facts of your case are as follows:

  • Direct imprisonment: Immediate incarceration with no alternative.
  • Suspended sentence: Imprisonment is suspended on condition you do not re-offend within a certain period.
  • Correctional supervision: A form of house arrest or community-based rehabilitation.
  • Fines: A monetary penalty instead of or in addition to imprisonment.
  • Community service: You may be ordered to perform unpaid work for the benefit of the community.

It is important for you to seek advice from your legal representative or any other qualified legal representative when worry sinks in and in order to prepare yourself and your family for the possible outcome. Remember that the sentence made by the Court is to rehabilitate and not to punish.

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