Legal Question in Criminal Law in South Africa

I'm afraid there is no fixed sentence to be applied in any of the abovementioned cases. When deciding on an appropriate sentence the court will take into consideration three factors. 1) The offender, 2) The offence and 3) The legitimate interests of society.

Firstly, the offender's personal circumstances may serve as mitigating factors. A court will look at any previous offences, the accused's background and upbringing as well as his/her age, whether or not the accused pleaded guilty (a sign or remorse), etc.

Secondly, the nature of the offence and the circumstances surrounding the commission thereof will have an impact on the eventual sentence. Naturally, no two offences are alike, but offences like attempted murder are seen in a very serious light. Nevertheless, it might be that the accused was provoked, etc.

Thirdly, the interests of the community require that offenders be punished for what they have done, but also that where appropriate, offenders must be given an opportunity for rehabilitation.

Generally, however, it is not uncommon of a person convicted of attemted murder to look at 5 to 8 years direct imprisonment, even for a first offence.

Malicious injury to property will generally only require a non-custodial sentence such as a fine or community service.

If you require any further assistance or legal representation, I recommend that you contact a colleague of mine who specialises in criminal law, Gys Niesing, on 084 593 2341.

Best of luck,