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Sentencing reforms in a postcolonial society: a call for the rationalisation of sentencing discretion in Nigeria, drawing on South Africa and England
Includes bibliographical references
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| Main Author: | |
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| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Institute of Criminology
2016
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| _version_ | 1867614480889806848 |
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| access_status_str | Open Access |
| author | Badejogbin, Oluwatoyin Akinwande |
| author2 | De Vos, Wouter |
| author_browse | Badejogbin, Oluwatoyin Akinwande De Vos, Wouter |
| author_facet | De Vos, Wouter Badejogbin, Oluwatoyin Akinwande |
| author_sort | Badejogbin, Oluwatoyin Akinwande |
| collection | Thesis |
| description | Includes bibliographical references |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/16484 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:52:43.373Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | Institute of Criminology |
| publisherStr | Institute of Criminology |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/16484 Sentencing reforms in a postcolonial society: a call for the rationalisation of sentencing discretion in Nigeria, drawing on South Africa and England Badejogbin, Oluwatoyin Akinwande De Vos, Wouter Phelps, Kelly Criminology penal system sentencing Includes bibliographical references This thesis investigates measures to ensure that sentencers introduce proportionality to sentencing and refrain from imposing penalties that infringe constitutional rights. The investigation involves two stages of analysis. First, the thesis examines the socio-historical context in which the practice of punishment evolved in England, South Africa and Nigeria in order to unveil how evolving concepts about punishment regulate or fail to regulate penal severity. Secondly, the thesis examined the normative basis of sentencing in South Africa and Nigeria, both of which are constitutional democracies and former English colonies. The analysis leads to two critical findings. First, Nigeria lacks the rich tapestry of constitutional jurisprudence that South African Courts have developed around punishment. Secondly, neither South Africa nor Nigeria has a structured system for rationalising sentencing discretion, with the result that sentencing can lead to widely disparate and disproportionate outcomes in both countries. The thesis thus proposes that Nigeria adopts constitutional provisions that restrain penal severity, and that it harmonise its pluralistic penal system, scrutinise statutory penalties in the light of constitutional norms, and, drawing on practices in England, develop guidelines that enhance proportionality and parsimony in sentencing. 2016-01-21T12:56:39Z 2016-01-21T12:56:39Z 2015 Doctoral Thesis Doctoral PhD http://hdl.handle.net/11427/16484 eng application/pdf Institute of Criminology Faculty of Law University of Cape Town |
| spellingShingle | Criminology penal system sentencing Badejogbin, Oluwatoyin Akinwande Sentencing reforms in a postcolonial society: a call for the rationalisation of sentencing discretion in Nigeria, drawing on South Africa and England |
| thesis_degree_str | Doctoral |
| title | Sentencing reforms in a postcolonial society: a call for the rationalisation of sentencing discretion in Nigeria, drawing on South Africa and England |
| title_full | Sentencing reforms in a postcolonial society: a call for the rationalisation of sentencing discretion in Nigeria, drawing on South Africa and England |
| title_fullStr | Sentencing reforms in a postcolonial society: a call for the rationalisation of sentencing discretion in Nigeria, drawing on South Africa and England |
| title_full_unstemmed | Sentencing reforms in a postcolonial society: a call for the rationalisation of sentencing discretion in Nigeria, drawing on South Africa and England |
| title_short | Sentencing reforms in a postcolonial society: a call for the rationalisation of sentencing discretion in Nigeria, drawing on South Africa and England |
| title_sort | sentencing reforms in a postcolonial society a call for the rationalisation of sentencing discretion in nigeria drawing on south africa and england |
| topic | Criminology penal system sentencing |
| url | http://hdl.handle.net/11427/16484 |
| work_keys_str_mv | AT badejogbinoluwatoyinakinwande sentencingreformsinapostcolonialsocietyacallfortherationalisationofsentencingdiscretioninnigeriadrawingonsouthafricaandengland |