Mandatory Sentences of Imprisonment in Common Law Jurisdictions: Some Representative Models
Appendix E
South Africa
First Level: Imprisonment for Life
Offence (Part I of Schedule 2):
Rape
- (a) when committed
- in circumstances where the victim was raped more than once whether by the accused or by any co-perpetrator or accomplice;
- by more than one person, where such persons acted in the execution or furtherance of a common purpose or conspiracy;
- by a person who has been convicted of two or more offences of rape, but has not yet been sentenced in respect of such convictions; or
- by a person, knowing that he has the acquired immune deficiency syndrome or the human immunodeficiency virus;
- (b) where the victim –
- is a girl under the age of 16 years;
- is a physically disabled woman who due to her physical disability, is rendered particularly vulnerable; or
- is a mentally ill woman as contemplated in section 1 of the Mental Health Act , 1973 ( Act No. 18 of 1973); or
- (c) involving the infliction of grievous bodily harm.
Second Level: Lesser terms of custody
First offender: imprisonment for not less than 15 years:
Second offender of any such offence, to imprisonment for a period of not less than 20 years;
Third or subsequent offender of any such offence, to imprisonment for not less than 25 years
Offences (from Part II of Schedule 2):
- Robbery—
- when there are aggravating circumstances; or
- involving the taking of a motor vehicle
- Any offence referred to in section 13(f) of the Drugs and Trafficking Act , 1992 if it is proved that –
- the value of the dependence producing substance in question is more than R50,000
- the value of the dependence producing substance in question is more than R10,000 and the offence was committed by a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy; or
- the offence was committed by any law enforcement officer.
- Any offence relating to-
- the dealing or smuggling of ammunition, firearms, explosives or armament;
or - the possession of an automatic or semi-automatic firearm, explosives or armament.
- the dealing or smuggling of ammunition, firearms, explosives or armament;
- Any offence relating to exchange control, corruption, extortion, fraud, forgery, uttering or theft –
- involving amounts of more than R500,000;
- involving amounts of more than R100,000 if it is proved that the offence was committed by a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy by any law enforcement officer –
- involving amounts of more than R10,000; or
- as a member of a group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy.
Limited Judicial Discretion
As noted, courts have some discretion to impose a more lenient sentence:
(3) (a) If any court referred to in subsection (1) or (2) is satisfied that substantial and compelling circumstances exist which justify the imposition of a lesser sentence than the sentence prescribed in those subsections, it shall enter those circumstances on the record of the proceedings and may thereupon impose such lesser sentence.
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