S v Mouers, S v Slinger (435/04, 237/04)
S v Mouers, S v Slinger (435/04, 237/04) [2005] ZANCHC 65 (11 November 2005)
The High Court found that the continued incarceration of Mouers and Slinger, both juveniles, in an adult prison due to the absence of youth reform centres in the Northern Cape constituted a grave injustice and was inhumane. The Magistrate erred by referring the accused to youth centres without confirming their availability, resulting in the juveniles serving sentences in adult prison far exceeding those imposed. The Court exercised its inherent jurisdiction under section 173 of the Constitution to prevent further injustice, setting aside the original sentences and substituting them with perio…
Source excerpt
- Juvenile Sentencing
- Constitutional Inherent Jurisdiction
- Rehabilitation Of Offenders