- S V DW 2017 (1) SACR 336 (NCK)
The accused, Mr DW, appeared before the magistrates’ court (apparently in the town of Kakamas, near Upington), on a charge of housebreaking with intent to commit an offence unknown to the prosecutor*.
The accused, who was legally represented by a representative of Legal Aid South Africa, pleaded guilty to the charge in terms of section 112(2) of the Criminal Procedure Act 51 of 1977, which plea was accepted by the public prosecutor. From the presiding magistrate’s questioning it became apparent that the actual offence committed was in fact housebreaking with intent of contravening section 1(1) of the Trespass Act 6 of 1959*.
The presiding magistrate sentenced the accused to a fine of R1500 or five months’ incarceration, conditionally suspended for five years.
Apparently after the trial, it came to the notice of the presiding magistrate that the accused was exactly 17 years and 11 months old when he committed the offence concerned. In other words the accused was then still a child which further means that he should have been dealt with in terms of the Child Justice Act 75 of 2008.
Other legal issues discussed in Pollex in Servamus: May 2018 include:
- Evidence through intermediaries
- Again corruption committed by a “public officer” - S V Mofomme 2018 (1) SACR 213 (GP)
- Sentence of incarceration for 16-year-old boy child - S V Bruintjies 2017 (1) SACR 553 (WCC)