S v V N (19754)
S v V N (19754) [2020] ZAWCHC 33 (4 April 2020)
The magistrate erred by conflating the provisions of section 297 of the Criminal Procedure Act and section 76 of the Child Justice Act, resulting in an incompetent sentence. The sentence imposed failed to specify the period of compulsory residence and the period of imprisonment, leaving the accused uncertain about the nature and duration of his sentence. The magistrate also incorrectly treated the sentence as a postponement and failed to consider the accused's age at the time of the offence. The principles of certainty, predictability, and the once-and-for-all rule in sentencing were violated…
Source excerpt
- Child Justice Act
- Sentencing Of Child Offenders
- Compulsory Residence In Cycc
- Attempted Sexual Offence
- Murder
- Functus Officio