South Africa Case Law

S v C.S (A74/14, A395/15, 06/2014)

S v C.S (A74/14, A395/15, 06/2014) [2015] ZAGPPHC 520 (11 June 2015)

Court

North Gauteng High Court, Pretoria

Case number

A74/14

The court found that the prosecution and magistrate failed to comply with the Child Justice Act by not properly considering diversion after the accused completed a life skills programme for theft, and by failing to hold a preliminary enquiry for the robbery charge. The prosecutor did not record reasons for abandoning diversion, and the magistrate did not monitor or enforce its orders. The sentence imposed—detention at a treatment centre under s 296(1) of the Criminal Procedure Act—was inappropriate, as it did not consider the sentencing options under Chapter 10 of the Child Justice Act or the…

Source excerpt

• Child Justice Act
• Juvenile Sentencing
• Diversion
• Preliminary Enquiry
• Substance Abuse
• Restorative Justice

S v F.F (A27/2015)

S v F.F (A27/2015) [2015] ZAGPPHC 12 (22 January 2015)

Court

North Gauteng High Court, Pretoria

Case number

A27/2015

Judges

T M Makgoka, J M Teffo

A High Court review set aside a conviction and sentence after it emerged during sentencing that the accused was a minor, requiring treatment under the Child Justice Act.

• Child Justice Act
• Conviction Of Minor
• Preliminary Enquiry
• Child-justice-act
• Minor-accused
• Criminal-review