S v L.M (A514/2013) [2013] ZAGPPHC 197 (12 July 2013)

S v L.M (A514/2013) [2013] ZAGPPHC 197 (12 July 2013)

The accused L M was 16 years old when the offences were committed. The proceedings against him did not comply with the Child Justice Act, which mandates special procedures for child offenders. The trial magistrate and reviewing judge agreed that the conviction and sentence should be set aside and the matter commenced de novo in accordance with the Child Justice Act. The proceedings against the co-accused S L were found to be in accordance with justice and were confirmed.

Citation
[2013] ZAGPPHC 197
Parties
Respondent: THE STATE; Appellant: L M; Appellant: S L
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 July 2013
Case Number
A514/2013
Procedural Posture
Criminal Review / Automatic Review After Conviction and Sentence
Outcome
Conviction and sentence of L M set aside and remitted for retrial under the Child Justice Act; conviction and sentence of S L confirmed.
Judges
Tuchten, Potterill
Legal Topics
Child Justice Act, Review Proceedings, Robbery, Conviction and Sentence
Criminal Law Child Justice Act Review Proceedings Robbery Conviction and Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

THE STATE

Respondent

L M

Appellant

S L

Appellant

Procedural Posture

Criminal Review / Automatic Review After Conviction and Sentence

Legal Issues

  1. 1 Whether the accused L M was a child at the time of the offence and should have been dealt with under the Child Justice Act.
  2. 2 Whether the proceedings and sentence imposed on L M were in accordance with justice.
  3. 3 Whether the conviction and sentence of the co-accused S L should be confirmed.

Ratio Decidendi

The accused L M was 16 years old when the offences were committed. The proceedings against him did not comply with the Child Justice Act, which mandates special procedures for child offenders. The trial magistrate and reviewing judge agreed that the conviction and sentence should be set aside and the matter commenced de novo in accordance with the Child Justice Act. The proceedings against the co-accused S L were found to be in accordance with justice and were confirmed.

Court Disposition

Conviction and sentence of L M set aside and remitted for retrial under the Child Justice Act; conviction and sentence of S L confirmed.

Orders

  • The conviction and sentence imposed upon L M in Lydenburg Magistrate’s Court case no 040/12 are set aside.
  • The case against L M is remitted to the magistrate to be commenced de novo under the Child Justice Act, 75 of 2008.