S v C.T (A506/2013) [2013] ZAGPPHC 192 (9 July 2013)

S v C.T (A506/2013) [2013] ZAGPPHC 192 (9 July 2013)

The High Court confirmed that the accused, aged fifteen, was correctly convicted of murder on the basis of dolus eventualis. The evidence showed that the accused repeatedly forced the deceased, who could not swim, under water, resulting in his drowning. The accused's conduct demonstrated an appreciation of the risk to life and recklessness as to whether death would result. The trial magistrate was correct to refer the matter for automatic review under section 85(1) of the Child Justice Act. The sentence of five years' compulsory residence at a child and youth care centre was found to be fair and in accordance with the Act, despite procedural omissions regarding the probation officer's...

Citation
[2013] ZAGPPHC 192
Parties
Applicant: The State; Respondent: C.T
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 July 2013
Case Number
A506/2013
Procedural Posture
Criminal Review / High Court Automatic Review of Regional Court Conviction and Sentence
Outcome
Conviction and sentence confirmed; record remitted for further determination regarding risk to other children.
Judges
E M Kobushi, E M Makgoba
Legal Topics
Dolus Eventualis, Automatic Review, Child Justice Act, Culpable Homicide, Sentencing of Children
Criminal Law Family and Children Dolus Eventualis Automatic Review Child Justice Act Culpable Homicide Sentencing of Children

Case Brief

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Parties

The State

Applicant

C.T

Respondent

Procedural Posture

Criminal Review / High Court Automatic Review of Regional Court Conviction and Sentence

Legal Issues

  1. 1 Whether the accused, a minor, was correctly convicted of murder on the basis of dolus eventualis.
  2. 2 Whether the sentence imposed was appropriate and in accordance with the Child Justice Act.
  3. 3 Whether the trial magistrate was obliged to remit the matter for automatic review.

Ratio Decidendi

The High Court confirmed that the accused, aged fifteen, was correctly convicted of murder on the basis of dolus eventualis. The evidence showed that the accused repeatedly forced the deceased, who could not swim, under water, resulting in his drowning. The accused's conduct demonstrated an appreciation of the risk to life and recklessness as to whether death would result. The trial magistrate was correct to refer the matter for automatic review under section 85(1) of the Child Justice Act. The sentence of five years' compulsory residence at a child and youth care centre was found to be fair and in accordance with the Act, despite procedural omissions regarding the probation officer's...

Court Disposition

Conviction and sentence confirmed; record remitted for further determination regarding risk to other children.

Orders

  • The conviction is confirmed.
  • The sentence imposed is confirmed.