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Showing 1 to 2 of 2 for “"Substantial and compelling circumstances"”.

  1. Application of prescribed minimum sentencing legislation on juvenile offenders in South Africa

    … is not encouraged by both the Constitution and a number of international instruments. This right is entrenched in the South African Constitution (section 28(1)(g) ) which provides that every child has the right not to be detained except as a measure of last resort in which case, in addition …

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  2. Examining the Impact of Serious Physical Injury on Sentencing in South African Rape Cases

    … the legislation was the enforcement of a severe and uniform sentencing response to the crimes listed in a Schedule to the legislation. This was seen as particularly necessary for cases of rape. At the time, rape statistics had become untenably high, and both government and our courts were seen as …

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