School of Law

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Professor Stephan Terblanche

Biography: After a career as prosecutor and magistrate, Stephan Terblanche joined the Department of Criminal and Procedural Law, Unisa in 1992. He mainly taught law of evidence and sentencing, but spent the last decade as research professor, before retiring in 2020. He is an expert on the sentencing of offenders. Terblanche has written more than 70 articles and chapters in books. His main publication is A guide to sentencing in South Africa 3^rd ed (LexisNexis, 2016). The chapters in books include several international works. Currently, he serves as General Editor of the biannual revision services of Du Toit et al Commentary on the Criminal Procedure Act (Juta, 1987). He is a board member of the International Society for the Reform of Criminal Law, and on the editorial board of the SA Journal of Criminal Justice. Academic Qualifications:

• Juris (Potchefstroom University)
• LLB (Unisa)
• LLD (Unisa)

Research Interests:

• Sentencing
• Criminal Procedure

Recent Publications Books

• A Guide to Sentencing in South Africa 3 ed (2016) LexisNexis Durban (previous editions: 1999, 2007)
• “How important are the purposes of punishment for the practice of sentencing?” in PJ Schwikkard & S Hoctor (eds) A Reasonable Man: Essays in honour of Jonathan Burchell (2019) Juta Cape Town [270-286]
• “The discretionary effect of mitigating and aggravating factors: A South African case study” in JV Roberts (ed) Mitigation and aggravation at sentencing (2011) Cambridge University Press.

Articles

• “Sentencing in South Africa: Dominated by minimum sentences” (2020) 33 SACJ 4 – 22
• (With P Muthaphuli) “A penological perspective on rehabilitation as a sentencing aim” (2017) 30(4) Acta Criminologica 16-32
• (With N Mollema) “The effectiveness of sentencing as a measure to combat human trafficking” (2017) 30 SACJ 198-223
• “Twenty years of Constitutional Court judgments: What lessons are there about sentencing?” (2017) 20 PELJ 1-37 [http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1499]
• “Committal to a treatment centre as sentence: Complicated by an incomplete amendment” (2016) 133 SALJ 744-754
• “Sentencing in Namibia: The main changes since independence” (2013) 26 SACJ 21-40
• “The Child Justice Act: procedural sentencing issues” (2013) 16 Potchefstroom Electronic Law Journal 321-350
• “Judgments on sentencing: Leaving a lasting legacy” (2013) 76 THRHR 95-106
• “The Child Justice Act: a detailed consideration of section 68 as point of departure with respect to the sentencing of young offenders” (2012) 15 Potchefstroom Electronic Law Journal 436-475