S v Dial (ECJ 2004/021)
S v Dial (ECJ 2004/021) [2004] ZAECHC 34; 2006 (1) SACR 395 (E) (21 September 2004)
The court held that the magistrate's resort to section 337 of the Criminal Procedure Act to estimate the accused's age was premature, as not all reasonable steps were taken to obtain official or medical evidence of age. The social worker failed to pursue enquiries at the Department of Home Affairs, and the magistrate accepted her assumption that no birth certificate existed without verification. Furthermore, the assertion that no district surgeon was available was incorrect; private doctors were available on a roster for such duties. The magistrate should have referred the accused for medical…
Source excerpt
- Ascertainment Of Age
- Sentencing Of Youthful Offenders
- Application Of Criminal Procedure Act
- Correctional Supervision
- Constitutional Protection Of Children