Mandatory sentence

Abstract

Abstract provided by author

This research is based on the combating of the Abuse of Drug Bill. The purpose of this document is to examine whether mandatory sentences conflict with judicial principle of sentencing discretion. The paper also deals with the constitutionality of the mandatory sentences in the Bill, Why the Namibian government drifted away from the previous Drug law.. These sections are as follows, Section 4 (2) (a) and (b), and Section 3 (7) (a) and (b). These sections do not give judges to use their discretion in giving judgments in cases related to drug abuse. These sections mentioned above from the Bill provides for minimum sentences that are extremely harsh. Therefore, these sections ignore certain circumstances that led a person to be in possession of such substances (drugs), the aim of these sections is only to impose punishment to a person who is convicted. Therefore, this document looks at whether, these sections are legal in relation to the following principles such as the common law principle of courts discretion, whether they violate the constitution of Namibia, whether these sections comply with the purpose of punishment and whether the principle of separation of power is being abandoned by of the Combating of the Abuse of Drug Bill.