S v M.M (RC167/23) [2024] ZAFSHC 382 (5 December 2024)
Court
Free State High Court, Bloemfontein
Case number
RC167/23
Judges
Daffue, Hefer
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.
N.S v S (DR42/2023) [2023] ZAKZDHC 83 (26 October 2023)
Court
Kwazulu-Natal High Court, Durban
Case number
DR42/2023
Judges
Hlatshwayo, ZP Nkosi
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…
S v CNP (Special Review) (CA & R 31/2023) [2023] ZANCHC 64 (5 October 2023)
Court
Northern Cape High Court, Kimberley
Case number
CA & R 31/2023
Judges
Phatshoane, Mamosebo
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.
S v P.M (Review) (02/2023) [2023] ZANWHC 184; 2024 (1) SACR 1 (NWM) (5 October 2023)
Court
North West High Court, Mafikeng
Case number
02/2023
Judges
Hendricks, Petersen
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…
S v JEK (CA & R 26/2023) [2023] ZANCHC 45 (28 July 2023)
Court
Northern Cape High Court, Kimberley
Case number
CA & R 26/2023
Judges
Mamosebo, Lever
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.
S v Lewies - review (82/2021) [2021] ZAECGHC 49 (28 April 2021)
Court
Eastern Cape High Court, Grahamstown
Case number
82/2021
Judges
J M Roberson, M J Lowe
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.
S v S.S (CA&R 42/2020) [2020] ZAECGHC 97 (31 August 2020)
Court
Eastern Cape High Court, Grahamstown
Case number
CA&R 42/2020
Judges
Rugunanan, Bloem
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,…
J.A v S (20190063) [2019] ZAECGHC 64 (3 June 2019)
Court
Eastern Cape High Court, Grahamstown
Case number
20190063
Judges
T Malusi, N G Beshe
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.
S v Mabope (CC40/2017) [2018] ZAECPEHC 59 (20 September 2018)
Court
Eastern Cape High Court, Port Elizabeth
Case number
CC40/2017
Judge
Chetty
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.