offender who is contrite. It seems that most magistrates think that 12 to 18 months is by no means a substantial period of imprisonment and that six months is a very short period of imprisonment. But six months for a first offender must seem interminable. Such a period is a substantial punishment and not the short, sharp period that magistrates seem to think it is.” The shift, to reformation as opposed to retribution also found favour, in State v Chera & Another 2008 (2) 58 (H). At page 62E, Justice Ndou stated as follows:- sentence here is well in excess of general accepted outer “The limit. As alluded to above, both accused persons are youthful offenders aged 18 and 19 years. To imprison such young men for 46 years raises an ethical question of whether there was justice in this punishment. The magistrate seems to have adopted the old form of lex talionis, an eye for an eye or tooth for a tooth. The most popular theory today is that the proper aim of criminal procedure is to reform the criminal so that he may become adjusted to the social order” in a carefully reasoned judgment, he gave the Justice Ndou, justification for the move towards rehabilitation. He did so at paragraphs 62F-G mixture of sentimental and utilitarian motives gives this “A view its great vogue. With the spread of humane feeling and
offender who is contrite. It seems that most magistrates think that 12 to 18 months is by no means a substantial period of imprisonment and that six months is a very short period of imprisonment. But six months for a first offender must seem interminable. Such a period is a substantial punishment and not the short, sharp period that magistrates seem to think it is.” The shift, to reformation as opposed to retribution also found favour, in State v Chera & Another 2008 (2) 58 (H). At page 62E, Justice Ndou stated as follows:- “The sentence here is well in excess of general accepted outer limit. As alluded to above, both accused persons are youthful offenders aged 18 and 19 years. To imprison such young men for 46 years raises an ethical question of whether there was justice in this punishment. The magistrate seems to have adopted the old form of lex talionis, an eye for an eye or tooth for a tooth. The most popular theory today is that the proper aim of criminal procedure is to reform the criminal so that he may become adjusted to the social order” Justice Ndou, in a carefully reasoned judgment, he gave the justification for the move towards rehabilitation. He did so at paragraphs 62F-G “A mixture of sentimental and utilitarian motives gives this view its great vogue. With the spread of humane feeling and
Applicant%27s%20Heads%20of%20Argument%20in%20Makoni%20v%20The%20Commissioner%20of%20Prisons%20and%20Another.docx