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South Africa Case Law

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Criminal Law [2025] ZAWCHC 152

Samuels v S (A185/2023)

Samuels v S (A185/2023) [2025] ZAWCHC 152 (28 March 2025)

The Western Cape High Court dismissed Bradley Samuels’ appeal against a 15-year effective sentence for two murders committed as a juvenile.

  • Child Justice Act
  • Sentencing Of Children
  • Murder
  • Best Interests Of Child
  • Automatic Right Of Appeal
  • Child-justice-act
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Criminal Law [2024] ZAFSHC 382

S v M.M (RC167/23)

S v M.M (RC167/23) [2024] ZAFSHC 382 (5 December 2024)

On automatic review, the High Court confirmed a child rape conviction but set aside a 10-year sentence, substituting five years’ compulsory residence in a youth care centre.

  • Child Justice Act
  • Sentencing Of Children
  • Rape Of Minor
  • Compulsory Residence
  • Correctional Supervision
  • Child-justice-act
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Criminal Law [2023] ZAKZDHC 83

N.S v S (DR42/2023)

N.S v S (DR42/2023) [2023] ZAKZDHC 83 (26 October 2023)

The sentencing court materially misdirected itself by failing to consider and apply the Child Justice Act, which mandates that imprisonment for children should only be imposed as a last resort and for the shortest period. The magistrate did not consider alternative sentencing options, nor did he provide reasons for rejecting the probation officer’s recommendation of compulsory residence at a child and youth care centre. The sentence of five years’ imprisonment was imposed without regard to the child’s prospects of rehabilitation, the objectives of the Child Justice Act, or the constitutional…

  • Child Justice Act
  • Sentencing Of Children
  • Best Interests Of Child
  • Attempted Sexual Offence
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Criminal Law [2023] ZANCHC 64

S v CNP (Special Review) (CA & R 31/2023)

S v CNP (Special Review) (CA & R 31/2023) [2023] ZANCHC 64 (5 October 2023)

The High Court reviewed and replaced a child offender’s sentence after finding the magistrate’s order incompetent and insufficiently specific under the Child Justice Act.

  • Child Justice Act
  • Sentencing Of Children
  • Compulsory Residence Order
  • Rehabilitation Programmes
  • Review Of Magistrates Court
  • Children S Rights
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Criminal Law [2023] ZANWHC 184

S v P.M (Review) (02/2023)

S v P.M (Review) (02/2023) [2023] ZANWHC 184; 2024 (1) SACR 1 (NWM) (5 October 2023)

The High Court found that the proceedings were not in accordance with justice due to multiple gross irregularities: the failure to transmit the matter for automatic review as required by the Child Justice Act; the imposition of an incompetent sentence exceeding the statutory maximum under section 276(1)(i) of the Criminal Procedure Act; the misapplication of the Criminal Law Amendment Act minimum sentencing regime to a child offender, contrary to section 51(6); and the absence of a complete record, with no proper reconstruction attempted. These failures collectively resulted in a miscarriage…

  • Child Justice Act
  • Automatic Review
  • Sentencing Of Children
  • Gross Irregularity
  • Record Reconstruction
  • Minimum Sentences
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Criminal Law [2023] ZANCHC 45

S v JEK (CA & R 26/2023)

S v JEK (CA & R 26/2023) [2023] ZANCHC 45 (28 July 2023)

The High Court set aside a child offender’s conviction and 8-month compulsory residence sentence, finding the guilty plea procedure and record were not in accordance with justice.

  • Child Justice Act
  • Automatic Review
  • Plea Of Guilty
  • Record Of Proceedings
  • Sentencing Of Children
  • Child-justice-act
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Criminal Law [2021] ZAECGHC 49

S v Lewies - review (82/2021)

S v Lewies - review (82/2021) [2021] ZAECGHC 49 (28 April 2021)

On automatic review, the High Court set aside a suspended fine for a child offender and substituted a caution and discharge, citing poverty and sentencing principles.

  • Child Justice Act
  • Sentencing Of Children
  • Caution And Discharge
  • Ability To Pay Fine
  • Child-justice-act
  • Sentencing-of-children
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Criminal Law [2020] ZAECGHC 97

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,…

  • Child Justice Act
  • Automatic Review
  • Sentencing Of Children
  • Conviction Irregularities
  • Procedural Fairness
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Criminal Law [2019] ZAECGHC 64

J.A v S (20190063)

J.A v S (20190063) [2019] ZAECGHC 64 (3 June 2019)

Automatic review under the Child Justice Act. The High Court set aside a child offender’s conviction and 8-year prison sentence for major procedural irregularities.

  • Child Justice Act
  • Sentencing Of Children
  • Procedural Irregularity
  • Best Interests Of Child
  • Child-justice-act
  • Child-sentencing
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Criminal Law [2018] ZAECPEHC 59

S v Mabope (CC40/2017)

S v Mabope (CC40/2017) [2018] ZAECPEHC 59 (20 September 2018)

The court sentenced a young offender for a series of housebreakings, robbery, rape and murder, imposing the maximum 25 years for rape and murder to run concurrently.

  • Child Justice Act
  • Sentencing Of Children
  • Murder
  • Rape
  • Housebreaking
  • Robbery
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