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South Africa decisions
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S v Jansen (186/2023) [2024] ZAWCHC 14 (19 January 2024)
High Court special review on a guilty plea for breaching a protection order led to remittal for proper handling of the accused’s mental illness under the CPA.
S v Thabethe and Another (641/15 , 1342/15, A368/2016) [2016] ZAGPPHC 513 (24 May 2016)
On special review, the High Court set aside an incomplete postponed sentence because the magistrate omitted the required order under section 297(1)(a)(ii).
S v Mmolawa and Another (97/11) [2012] ZANCHC 23 (11 May 2012)
On automatic review, the High Court set aside a magistrate’s uneven sentence for two child offenders and substituted equalized reporting conditions with guardianship safeguards.
S v Fortuin (38/2011) [2011] ZANCHC 28 (11 November 2011)
The court held that section 85(1)(a) of the Child Justice Act requires automatic review of all sentences imposed on children under 16 years old at the time of the offence, regardless of the nature or duration of the sentence. The phrase 'irrespective of the duration of the sentence' in section 85(1) applies only to children aged 16 or 17 sentenced to imprisonment not wholly suspended or compulsory residence in a youth centre. The court further found that a postponement of the passing of sentence, where the child is required to reside in a youth centre, constitutes a 'sentence' for purposes of…
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