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303 sentence edit the main purposes of sentencing are

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not prevent the court from accepting his evidence on another point. [303] Sentence[ edit ] The main purposes of sentencing are retribution, deterrence, prevention and rehabilitation. In some ways, sentencing is the most important part of the trial. Until fairly recently, insufficient attention was given to this stage of proceedings. [ citation needed ] A court may, before passing sentence, receive such evidence as it thinks fit to inform itself as to the proper sentence to be passed. The accused may address the court on any evidence thus received, as well as on the actual matter of the sentence; after him, the prosecution may likewise address the court. Disputed issues on sentence should be advanced under oath, but uncontested facts may be advanced from the bar without evidence. [304] [305] [306] It is undesirable that contentious facts be placed before the court by a third-party witness who does not have personal knowledge of such facts. [307] It is important that the accused or his legal representative advance facts and submissions in mitigation of sentence: for example, youth; a clean record; old age; economic circumstances, etc. Conversely, the state should bring before the court any factors which may aggravate sentence: for example, evidence about the trauma of the victim;
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the prevalence of the crime in question; and its effect, either in general or in this specific case, on the community or environment, etc. In considering sentence, the court should have regard to the famous Zinn [308] triad: 1. the crime; 2. the criminal; and 3. interests of society. Where the accused is the primary caregiver of young children, additional considerations apply, [309] but see S v Isaacs , [310] where it was suggested that court should have more regard to the interests of the victim. Types of sentence[ edit ] The types of sentence, under section 276 of CPA, are as follows: imprisonment; periodical imprisonment; declaration as a habitual criminal; committal to an institution; [311] a fine; correctional supervision; [312] and imprisonment from which the Commissioner of Correctional Services may place the prisoner under correctional supervision. [313] Dangerous criminals may be sentenced to imprisonment for an indefinite period. [314] [315] A fine should generally be affordable to the accused, even though he may have to sell some of his assets to pay it. Fines are usually imposed with the alternative of imprisonment. [316] Juveniles (those under eighteen years of age) may be given special sentences. [317] Cumulative or concurrent sentences[ edit ] Sentences run consecutively unless the court orders otherwise. Courts should always have regard to the cumulative effect of sentences. [318] For a spectacular example of the difference made by causing sentences to run concurrently, see S v Assante . [319]
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Postponement and suspension of sentences[ edit ] Postponement of the passing of a sentence, or suspension of a sentence, usually on conditions (such as good conduct, compensation, correctional supervision, instruction or treatment, or any other condition the court thinks appropriate), is permitted in terms of section 297(1). The maximum period of postponement or suspension is five years.
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