Recent Case: Child justice
Jurisdiction | South Africa |
Author | Mariette Reyneke |
Date | 24 May 2019 |
Citation | (2016) 29 SACJ 376 |
Published date | 24 May 2019 |
Pages | 376-388 |
Child justice
MARIËTTE REYNEKE
University of the Free State
This contribution focuses on the sentenci ng of children as well as
the arrest and detention of childre n. With regard to the discussion on
sentencing, the relationship between appeal and review proceedings
is highlighted and the factors a sentencing court should keep in mi nd
in the process are also explored. The contribut ion also examines the
courts’ approach towards the role of rehabilitation in determ ining
an appropriate sentence. In the discussion on the arrest of ch ildren,
issues that the police ofcials should keep in mi nd when they exercise
their discretion to arres t a child or not is emphasised, and import ant
guidance provided with regard to decisions per taining to the detention
of children. The role of the best-interests requ irement is also discussed.
1 Sentencing
In S v CS 2016 (1) SACR 584 (WCC) the court highlights the po sition
with regard to review and appeal proceedings to be followed in
instances where juveniles are sentenced. The cour t also stresses the
court’s responsibility to follow the prescriptions of t he Child Justice
Act 75 of 2008 and discusses t he factors that need to be taken into
account in the sentencing process.
In this case, a 15-year-old child was found guilt y of murder
in the regional court. He had shot a man on a motorbike at point-
blank range, without being provoked. He was further found gui lty
of possession of a 9 mm semi-automatic rear m and of nine rounds
of 9 mm ammunition. The regiona l court sentenced the offender to
10 years’ imprisonment on the murder charge, three years’ i mprisonment
for the possession of the rearm and one year’s imprison ment on the
possession of the ammunition charge. The sentences were ordered to
run concurre ntly.
1.1 Review or appeal
On 14 August 2015, an appeal was lodged with the clerk of the court.
The appellant had an automatic right to appeal as he was under 16
years of age at the time of the commission of the cr ime (s 84(1)(a)
of the Child Justice Act). On 17 August 2015, the matter was remitted
for an automatic review in terms of s 85 of the Child Justice Act and
376 SACJ . (2016) 3
(2016) 29 SACJ 376
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