S v Dyk and Others

JurisdictionSouth Africa
JudgeCorbett J and Steyn J
Judgment Date18 December 1968
Citation1969 (1) SA 601 (C)
Hearing Date18 December 1968
CourtCape Provincial Division

Corbett, J.:

The three accused are Dorrie Dyk, a domestic servant, aged 25 years (accused No. 1), Janette Durandt, a domestic servant, aged 21 years (accused No. 2) and Andries Durandt, a scholar, aged 11

Corbett J

years (accused No. 3). They appeared together before the magistrate of Caledon upon a charge of housebreaking with intent to commit a crime to the prosecutor unknown. They all pleaded guilty and, after evidence had A been led to establish the commission of the offence, were all found guilty. Accused No. 1 was sentenced to imprisonment for corrective training; No. 2 was given a suspended prison sentence of three months; and No. 3 was sentenced to receive three strokes with a light cane.

Having regard to the sentences imposed, only the case of accused No. 1 B is subject to automatic review. In her instance the conviction and sentence appear to be in order and are confirmed. However, while reading the record I began to entertain serious doubts as to the correctness of both conviction and sentence in the case of accused No. 3 and in the exercise of the powers of review referred to in sec. 98 (4) of the Magistrates' Courts Act, 32 of 1944, as amended, I asked for the C magistrate's reasons for his conviction and sentence. These have been furnished.

The evidence adduced at the trial consisted of that of the complainant, one Stanford Mpendu. He stated that he worked and lived on a farm in the Caledon district. On the date when the alleged crime of housebreaking D was committed he closed and locked the room which he occupied prior to going off to work. While he was at work he noticed accused Nos. 2 and 3 meeting outside his room, to be joined shortly afterwards by accused No. 1. They then went to his room and accused No. 2, with the assistance of accused No. 1, forcibly opened the window. In the meanwhile accused No. 3 -

'. . . het die wêreld bespied'.

E According to the witness, accused No. 3 had earlier that day been walking about near his (the witness') room and had looked into it. After seeing these activities the complainant went to his room where he found the accused (he does not specify which of them) busy removing his wine from underneath his bed.

F I think that, had the accused No. 3 been over the age of 14 years, this evidence would be just sufficient to establish participation by him in the offence of which he has been convicted. But the accused No. 3 is only 11 years of age. There is thus a presumption...

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11 practice notes
  • 2011 index
    • South Africa
    • Juta South African Criminal Law Journal No. , September 2019
    • 16 August 2019
    ...411S v Dyira 2010 (1) SACR 78 (ECG) .............................................................. 397S v Dyk 1969 (1) SA 601(C) ...................................................................... 36-37S v E 1992 (2) SACR 625 (A) ................................................................
  • The tension between legal theory and policy considerations in the general principles of criminal law
    • South Africa
    • Juta Acta Juridica No. , August 2019
    • 15 August 2019
    ...person whoconsumes a substance which impairs his faculties to commit a voluntary47R v Dikant 1948 (1) SA 693 (O) at 700–1, S v Dyk 1969 (1) SA 601 (C) at 603E-F,S v Goeda 1969 (1) PH H85 (E), SvM1978 (3) SA 557 (TkS), S v Khubeka 1980 (4) SA 221(O), S v Pietersen 1983 (4) SA 904 (E) at 910H......
  • S v TS
    • South Africa
    • Invalid date
    ...to R v Tsutso 1962 (2) SA 666 (SR): dictum at 668F criticised S v De Oliveira 1993 (2) SACR 59 (A): referred to S v Dyk and Others 1969 (1) SA 601 (C): dicta at 603B – C applied F S v Laubscher 1988 (1) SA 163 (A): referred to S v M and Others 1978 (3) SA 557 (Tk): referred to S v Motleleni......
  • Acting in the best interest of children in conflict with the law : determining the age of criminal capacity
    • South Africa
    • Sabinet SA Crime Quarterly No. 2016-57, January 2016
    • 1 January 2016
    ...it is proposed that the assessment of criminal capacity should be ‘conduct specif‌ic’.27 In explanation, Walker refers to S v Dyk (1969(1) SA 601(C)), where Justice Corbett set aside the conviction of an 11-year-old child who was the third accused in a case of housebreaking. The child’s rol......
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8 cases
  • S v TS
    • South Africa
    • Invalid date
    ...to R v Tsutso 1962 (2) SA 666 (SR): dictum at 668F criticised S v De Oliveira 1993 (2) SACR 59 (A): referred to S v Dyk and Others 1969 (1) SA 601 (C): dicta at 603B – C applied F S v Laubscher 1988 (1) SA 163 (A): referred to S v M and Others 1978 (3) SA 557 (Tk): referred to S v Motleleni......
  • S v TNS
    • South Africa
    • Western Cape Division, Cape Town
    • 1 April 2014
    ...them does not form part of the record nor was there evidence from Dr Hawkridge to elucidate the expert assessment. In S v Dyk & Others 1969 (1) SA 601 (C) Corbett (as he then was) said, with reference to informal discussions between a magistrate and a youthful accused, that, if the exchange......
  • S v Kantor
    • South Africa
    • Invalid date
    ...is nie, moet na my mening normaalweg tot die oplegging van lyfstraf aan C volwassenes beperk word. Die gesag van S. v Dyk and Others, 1969 (1) SA 601 (K) te bl. 603G - H, waarop mnr. Malherbe staatgemaak het in hierdie verband, het betrekking gehad op 'n 11 jarige eerste oortreder wat skuld......
  • S v Pietersen and Others
    • South Africa
    • Invalid date
    ...crime and then keeping whatch while his fellow accused broke into the premises, CORBETT J, as he then was, said in S v Dyk and Others 1969 (1) SA 601 (C) at 603: 1983 (4) SA p910 Kannemeyer J "While a child of the age of the accused No 3 might well have appreciated the wrongfulness of the b......
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3 books & journal articles
  • 2011 index
    • South Africa
    • Juta South African Criminal Law Journal No. , September 2019
    • 16 August 2019
    ...411S v Dyira 2010 (1) SACR 78 (ECG) .............................................................. 397S v Dyk 1969 (1) SA 601(C) ...................................................................... 36-37S v E 1992 (2) SACR 625 (A) ................................................................
  • The tension between legal theory and policy considerations in the general principles of criminal law
    • South Africa
    • Juta Acta Juridica No. , August 2019
    • 15 August 2019
    ...person whoconsumes a substance which impairs his faculties to commit a voluntary47R v Dikant 1948 (1) SA 693 (O) at 700–1, S v Dyk 1969 (1) SA 601 (C) at 603E-F,S v Goeda 1969 (1) PH H85 (E), SvM1978 (3) SA 557 (TkS), S v Khubeka 1980 (4) SA 221(O), S v Pietersen 1983 (4) SA 904 (E) at 910H......
  • Acting in the best interest of children in conflict with the law : determining the age of criminal capacity
    • South Africa
    • Sabinet SA Crime Quarterly No. 2016-57, January 2016
    • 1 January 2016
    ...it is proposed that the assessment of criminal capacity should be ‘conduct specif‌ic’.27 In explanation, Walker refers to S v Dyk (1969(1) SA 601(C)), where Justice Corbett set aside the conviction of an 11-year-old child who was the third accused in a case of housebreaking. The child’s rol......

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