S v A.N (CA&R15/2018) [2018] ZAECGHC 3 (16 January 2018)

S v A.N (CA&R15/2018) [2018] ZAECGHC 3 (16 January 2018)

The accused was seventeen years old at the time of the alleged offence. The Child Justice Act applies to persons under eighteen years of age who are alleged to have committed offences. The proceedings before the Magistrate did not comply with the requirements of the Child Justice Act. Therefore, the proceedings must be set aside and the matter remitted to the Magistrates’ Court for the accused to be dealt with in accordance with the Child Justice Act.

Citation
[2018] ZAECGHC 3
Parties
Respondent: The State; Applicant: A. N.
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
16 January 2018
Case Number
CA&R15/2018
Procedural Posture
Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
Proceedings before the Magistrate are set aside and the matter is remitted for compliance with the Child Justice Act.
Judges
N G Beshe, JM Roberson
Legal Topics
Child Justice Act, Juvenile Offender, Setting Aside Proceedings
Criminal Law Family and Children Child Justice Act Juvenile Offender Setting Aside Proceedings

Case Brief

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Parties

The State

Respondent

A. N.

Applicant

Procedural Posture

Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the accused was a minor at the time of the alleged offence and should have been dealt with under the Child Justice Act.
  2. 2 Whether the proceedings before the Magistrate should be set aside due to non-compliance with the Child Justice Act.

Ratio Decidendi

The accused was seventeen years old at the time of the alleged offence. The Child Justice Act applies to persons under eighteen years of age who are alleged to have committed offences. The proceedings before the Magistrate did not comply with the requirements of the Child Justice Act. Therefore, the proceedings must be set aside and the matter remitted to the Magistrates’ Court for the accused to be dealt with in accordance with the Child Justice Act.

Court Disposition

Proceedings before the Magistrate are set aside and the matter is remitted for compliance with the Child Justice Act.

Orders

  • The proceedings in respect of Case No A 5765/2017 are set aside.
  • The matter is remitted back to the Magistrates’ Court, East London for the accused to be dealt with in terms of the provisions of the Child Justice Act, Act 75 of 2008.