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S v TNS (14658) [2014] ZAWCHC 160

S v TNS (14658) [2014] ZAWCHC 160

3rd November 2014

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JUDGMENT

 

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ROGERS J:

 

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[1] This matter came before me on automatic review. The circumstances of the case appear from the enquiry I directed to the magistrate on 2 July 2014, from which I quote:

‘Introduction

1. I have queries in this matter regarding both conviction and sentence. In order to expedite matters, this query is being sent simultaneously to the magistrate and to the DPP’s office for comment.

2. The accused’s date of birth is 5 November 1999. She was charged on one count of culpable homicide by causing the death of her biological father by stabbing. The alleged offence occurred on 6 December 2012. On that date the child had just reached her 13th birthday.

3. The accused was represented by a legal aid attorney. A report by a child psychiatrist and clinical psychologist was procured, pursuant to which the magistrate on 10 December 2014 found that the child had criminal capacity.

4. The accused proceeded to plead guilty, providing, in her s 112(2) statement, a full account of the incident leading to the stabbing of her father. She was convicted on the basis of this plea and statement.

5. No previous convictions were proved. The matter was postponed for a probation officer’s report.

6. On 28 March 2014 the probation report was presented at court. The accused was sentenced to five years’ compulsory residence in a Child Youth Centre, the sentence being ante-dated to 6 December 2012 (the date of the alleged offence) purportedly in terms of s 77(5) [of the Child Justice Act 75 of 2008]. The five years’ compulsory residence will thus expire on 6 December 2017, just after the accused’s 18th birthday.

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