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INDIVIDUALISATION IN SENTENCING: DIFFERENT VIEWS (Du Toit (The sentencing…
INDIVIDUALISATION IN SENTENCING: DIFFERENT VIEWS
Cloete
Individualisation in sentencing is based on a thorough investigation by experts of an accused's personal circumstances and disposition regarding:
Social background
Personality and character
Previous convictions
Way of thinking
Philosophy of life
Du Toit
Individualisation in sentencing is based on a thorough investigation of an accused's personal circumstances
The sentencing guidelines apply [
Traid in Zinn
]
Crime
Offender
Interests of society
S v Scheepers
Individualisation in sentencing is based on:
An accused's sociological circumstances
An accused's experience of previous punishments
An accused's prospects of rehabilitation
Other relevant factors regarding sentencing
S v Dlamini
Information (evidence) that a court usually requires
Background of the accused
The accused's mental condition
The accused's motive and susceptibility to influence