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[2015] ZAGPPHC 12
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S v F.F (A27/2015) [2015] ZAGPPHC 12 (22 January 2015)
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REPUBLIC
OF SOUTH AFRICA
IN THE HIGH COURT
OF SOUTH AFRICA
(GAUTENG
DIVISION, PRETORIA)
CASE NO:
T441/2014B
High Court ref.
no. 836/2014
Magistrate case
No: 16/2014
Case number:
A27/2015
Date: 22 January
2015
In the matter
between:
THE
STATE
and
F[...] F[...]
REVIEW JUDGMENT
MAKGOKA, J:
[1] The accused
pleaded guilty to, and was convicted for, illegally entering and
remaining in the Republic, by the Thabazimbi Magistrate
court on 27
September 2014. During sentence proceedings it transpired that he was
a minor under the age of 18, after his age was
determined by the
doctor through medical examination. The court stopped the proceedings
and sent the case on special review to
this court.
[2] The proceedings
should therefore be set aside, and the child accused should be dealt
with in terms of the relevant provisions
of the Child Justice Act 85
of 2013.
[3] In the result
the following order is made:
1. The proceedings
are set aside.
2. The conviction of
the child accused is set aside.
3. A preliminary
enquiry should be held in respect of the child accused in terms of s
5(2) read with
s 43
of the
Child Justice Act 75 of 2008
.
T M MAKGOKA
JUDGE OF THE HIGH
COURT
I agree
J M TEFFO
JUDGE OF THE HIGH
COURT