S v S.N and Another (SHE 59/14)
S v S.N and Another (SHE 59/14) [2015] ZAWCHC 5 (9 January 2015)
The sentencing magistrate failed to apply the correct constitutional and statutory framework for sentencing children. The accused were under 18 at the time of the offence and arrest, qualifying them for sentencing as children under the Child Justice Act, regardless of their age at sentencing. The magistrate erred by relying on hearsay evidence in probation officer reports that contradicted the plea statements, without obtaining unequivocal admission or oral evidence to resolve factual disputes. The magistrate also failed to consider sentencing options such as compulsory residence in a youth c…
Source excerpt
- Child Justice Act
- Sentencing Of Children
- Constitutional Rights Of Children
- Admissibility Of Hearsay
- Review Of Sentence
- Compulsory Residence In Youth Care Centre