S v F.F (A27/2015) [2015] ZAGPPHC 12 (22 January 2015)
- Citation
- [2015] ZAGPPHC 12
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- T M Makgoka, J M Teffo
- Case number
- A27/2015
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- T M Makgoka, J M Teffo
- Case number
- A27/2015
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The conviction and sentence of the accused were set aside because it was established during sentencing that the accused was a minor under the age of 18. The Magistrate's Court proceedings were inappropriate for a child accused, and the matter should have been dealt with under the Child Justice Act. The High Court ordered that a preliminary enquiry be held in terms of the relevant provisions of the Child Justice Act to ensure that the rights and procedures applicable to minors are observed.
Court disposition
Proceedings and conviction set aside; matter referred for preliminary enquiry under the Child Justice Act.
Orders
- The proceedings are set aside.
- The conviction of the child accused is set aside.
- A preliminary enquiry should be held in respect of the child accused in terms of section 5(2) read with section 43 of the Child Justice Act 75 of 2008.
02
Material facts
Parties
The State
RespondentF[...] F[...]
Applicant03
Procedural history
Posture
Review Application / Special Review Following Conviction and Sentence in Magistrate's Court
04
Questions and positions
Legal issues
- 01
Whether the conviction and sentence of a minor for illegal entry and remaining in the Republic should stand.
- 02
Whether the proceedings in the Magistrate's Court were appropriate given the accused's status as a minor.
- 03
What procedure should be followed when a minor is convicted of a criminal offence.
Party arguments
- Applicant
- The accused was convicted for illegally entering and remaining in the Republic. During sentencing, it was discovered that he was a minor under the age of 18, as determined by medical examination. The proceedings were stopped and referred for special review.
- Respondent
- The State did not oppose the review and accepted that the accused was a minor and that the proceedings should be set aside so that the matter could be dealt with under the Child Justice Act.
05
Court’s reasoning
Legal principles
- 01
Child Justice Act 75 of 2008
When it is discovered that an accused is a minor, the proceedings must be set aside and the matter dealt with under the Child Justice Act.
- 02
Child Justice Act 75 of 2008
A preliminary enquiry must be held in respect of a child accused in terms of section 5(2) read with section 43 of the Child Justice Act.
06
Ratio, limits and disposition
Ratio decidendi
The conviction and sentence of the accused were set aside because it was established during sentencing that the accused was a minor under the age of 18. The Magistrate's Court proceedings were inappropriate for a child accused, and the matter should have been dealt with under the Child Justice Act. The High Court ordered that a preliminary enquiry be held in terms of the relevant provisions of the Child Justice Act to ensure that the rights and procedures applicable to minors are observed.
Obiter and limits
- The importance of determining the age of an accused before conviction and sentence is underscored by this case.
- The Child Justice Act provides specific procedures and protections for minors accused of criminal offences.
Court disposition
Proceedings and conviction set aside; matter referred for preliminary enquiry under the Child Justice Act.
- The proceedings are set aside.
- The conviction of the child accused is set aside.
- A preliminary enquiry should be held in respect of the child accused in terms of section 5(2) read with section 43 of the Child Justice Act 75 of 2008.
Source and reliance status
North Gauteng High Court, Pretoria
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Judgment
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy
REPUBLIC
OF SOUTH AFRICA
IN THE HIGH COURT
OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
CASE NO: T441/2014B
High Court ref. no. 836/2014
Magistrate case No: 16/2014
Case number: A27/2015
Date: 22 January 2015
In the matter between:
THE
STATE
and
F[...] F[...]
REVIEW JUDGMENT
MAKGOKA, J:
[1] The accused pleaded guilty to, and was convicted for, illegally entering and remaining in the Republic, by the Thabazimbi Magistrate court on 27 September 2014. During sentence proceedings it transpired that he was a minor under the age of 18, after his age was determined by the doctor through medical examination. The court stopped the proceedings and sent the case on special review to this court.
[2] The proceedings should therefore be set aside, and the child accused should be dealt with in terms of the relevant provisions of the Child Justice Act 85 of 2013.
[3] In the result the following order is made:
1. The proceedings are set aside.
2. The conviction of the child accused is set aside.
3. A preliminary enquiry should be held in respect of the child accused in terms of s 5(2) read with s 43 of the Child Justice Act 75 of 2008.
T M MAKGOKA
JUDGE OF THE HIGH
COURT
I agree
J M TEFFO
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