S v E.N (A561/2016)
S v E.N (A561/2016) [2016] ZAGPPHC 726 (19 August 2016)
The High Court found that, while the regional court substantially complied with the Child Justice Act in assessing and sentencing the child offender, it failed to adhere to the amended procedural requirements for inclusion in the sexual offences register under s 50(2)(c)-(d) of Act 32 of 2007. Specifically, the prosecutor did not apply for the order, no probation officer's report on the likelihood of reoffending was considered, and the accused was not given an opportunity to address the court. Furthermore, the magistrate did not make the mandatory finding of unsuitability to work with childre…
Source excerpt
- Child Justice Act
- Rape
- Sexual Offences Register
- Child Protection Register
- Sentencing Of Children
- Constitutional Best Interests