A suspended sentence should not be seen as a slap on the wrist on offenders – legal expert
JOBURG – Garry Hertzberg said the purpose of a suspended sentence has been stated by our Appeals Court to act as 'a warning, calculated to induce the offender to watch his steps in treading life’s pathway – to the benefit of society'.
The courts sometimes hand down suspended sentences to convicted criminals and the reasons for suspended sentences vary and can include that the offender is a first-time offender, the crime is not very serious and that the offender showed remorse.
With a wholly suspended sentence, the convicted criminal is allowed to serve the sentence out of prison.
Garry Hertzberg, practising attorney at Dewey Hertzberg Levy explained that the Criminal Procedure Act (CPA) states that where a court convicts a person of an offence in respect of which any law prescribes a minimum punishment, the court may in its discretion pass sentence but order the operation (or part thereof) to be suspended for a period not exceeding five years on certain conditions.
“The same would apply where the court imposes a fine. That fine can also be suspended for five years. The effect of the suspension is that should the person fail to comply with any condition imposed by the court, he or she may be arrested and brought before the court who can then put the suspended sentence into operation,” Hertzberg added.
He further went on to highlight that the purpose of a suspended sentence has been stated by our Appeals Court to act as ‘a warning calculated to induce the offender to watch his steps in treading life’s pathway – to the benefit of society’.
The effect of a suspended sentence is that the sentence becomes a criminal record and remains as a criminal record for a minimum of 10 years whereafter you are entitled to apply to the Department of Justice and Constitutional Development to have that record expunged, provided that your application qualifies in terms of the CPA. A criminal record may hamper employment prospects of an individual as some companies highly consider if a person has a criminal record before appointing them.
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