S v Goliath (CA&R36/2014)
S v Goliath (CA&R36/2014) [2014] ZAECGHC 4; 2014 (2) SACR 290 (ECG) (17 February 2014)
The High Court held that the regional magistrate was indeed functus officio after sentencing the accused to compulsory residence at the Bhisho Child and Youth Care Centre and the accused's admission thereto. The closure and dysfunction of the Bhisho facility constituted subsequent events justifying review of the sentence, but did not confer jurisdiction on the magistrate to impose an alternative sentence without the original sentence being set aside. The only lawful mechanism for altering the sentence was by way of review or appeal. The orders made in related proceedings did not override thes…
Source excerpt
- Child Justice Act
- Functus Officio
- Review Of Sentence
- Compulsory Residence
- Alternative Sentence
- Juvenile Detention