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Criminal Law [2009] ZASCA 65

Mshengu v S (446/08)

Mshengu v S (446/08) [2009] ZASCA 65; 2009 (2) SACR 316 (SCA); [2009] 4 All SA 242 (SCA) (29 May 2009)

The Supreme Court of Appeal found that the written statement tendered by the appellant, a 13-year-old child, did not comply with section 112(2) of the Criminal Procedure Act. The statement failed to address the presumption of criminal non-responsibility and did not provide sufficient factual admissions to justify a conviction on the plea of guilty. The court held that the conviction and sentence must be set aside. Regarding remittal under section 312(1), the court determined that the provision is not peremptory and that remittal is discretionary. Given that the appellant had already served a…

  • Plea Of Guilty
  • Criminal Capacity Of Child
  • Fair Trial Rights
  • Remittal Under Section 312
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