S v Bouwer and Another (A712/14) [2014] ZAGPPHC 713 (29 September 2014)

S v Bouwer and Another (A712/14) [2014] ZAGPPHC 713 (29 September 2014)

The court held that, in terms of section 85 of the Child Justice Act, any sentence imposed on a child under the age of 16 is subject to automatic review by a High Court judge, regardless of the duration of the sentence, the legal representation of the accused, or the rank of the magistrate. Section 302(3)(a) of the Criminal Procedure Act does not override this protection. The regional magistrate was correct to refer the matter for review, and the proceedings were found to be in accordance with justice. The conviction and sentence were confirmed.

Citation
[2014] ZAGPPHC 713
Parties
Applicant: The State; Respondent: Louisa Bouwer; Respondent: Tiaan Doig
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 September 2014
Case Number
A712/14
Procedural Posture
Criminal Review / Review of Sentence Imposed by Regional Magistrate
Outcome
Conviction and sentence confirmed on review.
Judges
M W Msimeki, N M Mavundla
Legal Topics
Automatic Review of Sentence, Child Justice Act, Criminal Procedure Act, Review of Magistrate Sentences
Criminal Law Civil Procedure Automatic Review of Sentence Child Justice Act Criminal Procedure Act Review of Magistrate Sentences

Case Brief

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Parties

The State

Applicant

Louisa Bouwer

Respondent

Tiaan Doig

Respondent

Procedural Posture

Criminal Review / Review of Sentence Imposed by Regional Magistrate

Legal Issues

  1. 1 Whether the sentence imposed on accused 2, a child under 16, is reviewable in terms of section 85 of the Child Justice Act, read with section 302(3)(a) of the Criminal Procedure Act.
  2. 2 Whether the regional magistrate was correct in referring the matter for review.
  3. 3 Whether the proceedings and sentence were in accordance with justice.

Ratio Decidendi

The court held that, in terms of section 85 of the Child Justice Act, any sentence imposed on a child under the age of 16 is subject to automatic review by a High Court judge, regardless of the duration of the sentence, the legal representation of the accused, or the rank of the magistrate. Section 302(3)(a) of the Criminal Procedure Act does not override this protection. The regional magistrate was correct to refer the matter for review, and the proceedings were found to be in accordance with justice. The conviction and sentence were confirmed.

Court Disposition

Conviction and sentence confirmed on review.

Orders

  • The conviction and sentence of accused 2 are confirmed.
  • The proceedings are declared to be in accordance with justice.