S v S.S (CA&R 42/2020)
S v S.S (CA&R 42/2020) [2020] ZAECGHC 97 (31 August 2020)
The High Court found that the magistrate failed to comply with the mandatory provisions of the Child Justice Act during both the plea and sentencing proceedings. The plea was not properly recorded, and the accused's understanding of the charges was not established, particularly given discrepancies between the admitted facts and the charges. The sentencing order did not specify the required placement or monitoring directions, nor was the matter retained on the roll for follow-up as required by statute. These failures constituted gross irregularities and a departure from statutory requirements,…
Source excerpt
- Child Justice Act
- Automatic Review
- Sentencing Of Children
- Conviction Irregularities
- Procedural Fairness