South Africa Case Law

S v M (11/1988)

S v M (11/1988) [1988] ZASCA 11; [1988] 4 All SA 456 (AD) (11 March 1988)

Court

Supreme Court of Appeal

Case number

11/1988

Judges

Hoexter, Hefer, Nicholas

The Supreme Court of Appeal held that the trial court erred in placing the onus on the accused to prove he was under 18 years of age at the time of the offence. The provisions of section 277(2) of the Criminal Procedure Act create independent grounds for judicial discretion in sentencing, and the accused's age is a factual matter for the court to determine, not a burden for the accused to discharge. Section 337 provides a mechanism for the court to assess age in the absence of evidence, and where uncertainty remains, it must benefit the accused. The trial court's failure to exercise its discr…

Source excerpt

• Sentencing
• Death Penalty
• Burden Of Proof
• Assessment Of Age

S v Twaza (265/84)

S v Twaza (265/84) [1984] ZASCA 147 (28 November 1984)

Court

Supreme Court of Appeal

Case number

265/84

Judges

Joubert, Cillié, Botha, Van Heerden, Galgut

The appeal against two death sentences succeeded after the court found the appellant’s age was not properly determined and substituted 12 years’ imprisonment.

• Sentencing Youth Offenders
• Death Penalty
• Statutory Discretion
• Assessment Of Age
• Procedural Irregularity
• Criminal-sentencing