South Africa: South Gauteng High Court, Johannesburg
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[2013] ZAGPJHC 229
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S v N (57/2013) [2013] ZAGPJHC 229; 2014 (1) SACR 266 (GSJ) (5 September 2013)
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SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy |
IN THE SOUTH GAUTENG HIGH COURT JOHANNESBURG
HIGH COURT REF: 57/2013
DATE: 05/09/2013
REPORTABLE
In the matter between:
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THE STATE
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And
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S.I.N |
Accused |
JUDGMENT
VICTOR, J:
[1] This matter concerns the diversion of children from the criminal justice system. On 4 March 2013 the accused was convicted of theft of three Cadbury chocolate bars from Pick n Pay with a total value of R59, 97.
[2] During mitigation of sentence it was ascertained that the accused was 16 years old. The magistrate set aside his conviction and noted a plea of not guilty. The matter came by way of review and Tshabalala J made the comment on 27 May 2013 that the magistrate should have first referred the matter for review after realising the error and before reversing the verdict.
[3] At the time of commencement of the trial in the court a quo there was an error in the child's age. This fact only became known after conviction stage.
[4] In terms of the Child Justice Act No 75 of 2008 (the act) the child must attend a preliminary enquiry to assess whether the child can be diverted form the criminal justice system. The magistrate directed that the child be sent ot Protea Magistrate’s court for this assessment.
[5] The appropriate procedure is for this court to set aside the conviction as the step by the court a quo to change the plea to not guilty was a nullity.
[6] All the proceedings before the court a quo are set aside.
JUDGE OF THE SOUTH GAUTENG HIGH COURT, JOHANNESBURG
I agree:
NONYANE AJ
JUDGE OF THE SOUTH GAUTENG HIGH COURT, JOHANNESBURG