L.M v S (A390/2011) [2012] ZAWCHC 176; 2013 (1) SACR 188 (WCC); [2013] 1 All SA 110 (WCC) (23 October 2012)

L.M v S (A390/2011) [2012] ZAWCHC 176; 2013 (1) SACR 188 (WCC); [2013] 1 All SA 110 (WCC) (23 October 2012)

The court held that section 85 of the Child Justice Act must be interpreted to provide automatic review for all cases involving children under 16 years at the time of the offence, regardless of legal representation, sentence type, or the court in which the matter was heard. For children aged 16 to 18, automatic review applies where the sentence is imprisonment not wholly suspended or compulsory residence in a child and youth care centre, irrespective of sentence duration, legal representation, or whether the sentence was imposed by a Regional Court. The court found that the Child Justice Act creates a distinct criminal justice system for children, and its provisions take precedence over...

Citation
[2012] ZAWCHC 176
Parties
Applicant: LM; Respondent: THE STATE
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
23 October 2012
Case Number
A390/2011
Procedural Posture
Special Review / Full Bench Review of Automatic Reviewability Under Child Justice Act
Outcome
The proceedings in the Magistrate's Court were found to be in accordance with justice. The matter was properly submitted for review and the orders below are confirmed.
Judges
Desai, Gamble, Henney
Legal Topics
Child Justice Act, Automatic Review, Legal Representation, Sentencing of Children, Magistrates Court Procedure, Constitutional Paramountcy
Criminal Law Family and Children Civil Procedure Child Justice Act Automatic Review Legal Representation Sentencing of Children Magistrates Court Procedure +1 more

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Parties

LM

Applicant

THE STATE

Respondent

Procedural Posture

Special Review / Full Bench Review of Automatic Reviewability Under Child Justice Act

Legal Issues

  1. 1 Are all cases involving children under 16 years at the time of the offence subject to automatic review, regardless of legal representation?
  2. 2 Does automatic review apply to children aged 16 to 18 sentenced to imprisonment not wholly suspended or compulsory residence, irrespective of legal representation or sentence duration?
  3. 3 Are sentences imposed by Regional Courts on children subject to automatic review under section 85 of the Child Justice Act?

Ratio Decidendi

The court held that section 85 of the Child Justice Act must be interpreted to provide automatic review for all cases involving children under 16 years at the time of the offence, regardless of legal representation, sentence type, or the court in which the matter was heard. For children aged 16 to 18, automatic review applies where the sentence is imprisonment not wholly suspended or compulsory residence in a child and youth care centre, irrespective of sentence duration, legal representation, or whether the sentence was imposed by a Regional Court. The court found that the Child Justice Act creates a distinct criminal justice system for children, and its provisions take precedence over...

Court Disposition

The proceedings in the Magistrate's Court were found to be in accordance with justice. The matter was properly submitted for review and the orders below are confirmed.

Orders

  • All cases involving children under 16 years at the time of the offence are subject to automatic review under section 85 of the Child Justice Act, irrespective of sentence, legal representation, or court.
  • Automatic review applies to children aged 16 to 18 sentenced to imprisonment not wholly suspended or compulsory residence, regardless of sentence duration, legal representation, or whether sentenced by a Regional Court.