Question
jojo has recently completed the Aspirant Prosecutor Programme and was appointed by the National Prosecuting Authority as Regional Court prosecutor. He is still finding his
jojo has recently completed the Aspirant Prosecutor Programme and was appointed by the National Prosecuting Authority as Regional Court prosecutor. He is still finding his feet and he feels unsure of the appropriate penalties or sanctions to impose for environmental law transgressions.jojo has been handed a docket to prosecute a case where the accused is a large corporation, Dig Deeper, who has commenced prospecting activities without the necessary environmental authorisation. According to jojo research, if convicted, the directors of the Company may be held personally liable for a fine of R 700 000.00. Desperate to avoid lengthy trials, the criminal defense attorneys of the directors of Chemicals-R-Us approached jojo , wanting to strike a deal. jojo approaches you for advice.
question 1
Briefly discuss whether the fine described in the scenario above would be classified either as a primary (or independent sanction), or as a subsidiary (or supporting) supporting sanction instead. Motivate your answer by comparing these two types of sanctions with each other. (5 marks)
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started