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CMY3704 assignment 01 semester 1 2024
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CMY3704 assignment 01 semester 1 2024 Solutions
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SURNAME AND INITIALS: MOLEFE M.PSTUDENT NUMBER: 68615833
ASSIGNMENT & SEMESTER: 01
UNIQUE NUMBER: 669426
MODULE NAME: Formal Reaction To Crime
MODULE CODE: CMY 3704
DUE DATE: 22 March 2024
Title: In 2013, Oscar Pistorius shot and killed his girlfriend, model Reeva Steenkamp at his
home in Pretoria
,TABLE OF CONTENTS:
1. Introduction ………………………………………………………………………………………………....4
2. Definitions of key concepts: …………………………………………………………………………….....4
2.1 Imprisonment ………………………………………………………………………………………………4
2.2 Ordinary Imprisonment…………………………………………………………………………………… 4
2.3 Life Imprisonment………………………………………………………………………………………… 4
2.4 Periodic Imprisonment…………………………………………………………………………………….4
2.5 Indeterminate sentence …………………………………………………………………………………..4
3. Determining the appropriate offence based on the facts presented before me …………………...4,5
4. Factors that are considered when deciding an appropriate sentence (Traditional Triad)………..… 5
4.1 The gravity of the offence ……………………………………………………………………………......5
4.2 The circumstances of the offender ………………………………………………………………………5
4.3 Public Interest……………………………………………………………………………………………5,6
5. The powers of a judge to impose an appropriate sentence……………………………………............6
5.1 Prescribed minimum sentencing guideline Criminal Law Amendment Act 105 of 1997 for
murder:………………………………………………………………………………………………………..6
6. Accessing an appropriate sentence as a Judge…………………………………………………………6
6.1 As per witnesses' statement……………………………………………………………………………6,7
6.2 personal circumstances of the accused ……………………………………………………………......8
6.3 The circumstances/gravity of the crime……………………………………………………………….8,9
6.4 Dealing with the interests of society……………………………………………………………..9,10,11
6.5 The Criminal Law Amendment Act. 105 of 1997 (Act 105 of 1997)………………………………11
6.6 S v Ma/gas, 2001(1) SACR 469 (SCA)………………………………………………………….........11
2
, 6.7 Malgas in paragraph 22 puts it this way:…………………………………………………………...11,12
6.8 As I deal with aggravating facts and mitigating factors……………………………………………....12
6.9 Mitigating factors are the following…………………………………………………………….....12, 13
6.10 Conclusion to my closing remarks…………………………………………………………………13,14
6.11 My judgement/verdict in passing of the sentence…………………………………………………...14
7. Reference…………………………………………………………………………………………………15
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