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South Africa: North Gauteng High Court, Pretoria
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[2013] ZAGPPHC 197
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S v L.M (A514/2013) [2013] ZAGPPHC 197 (12 July 2013)
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NOT
REPORTABLE
IN THE NORTH GAUTENG HIGH COURT,
PRETORIA
REPUBLIC OF SOUTH AFRICA
CASE
NO: 425/13
CASE
NO: A514/2013
DATE:12/07/2013
In
the matter between:
THE STATE
and
L
M
…..................................................................................
Accused
JUDGMENT
Tuchten
J:
1.
The accused was charged in the Magistrate’s Court in Lydenburg
with a co-accused, S L, with two counts of robbery. They
were both
convicted and sentenced to undergo imprisonment for twelve months.
2.
The case came before Potterill J on automatic review. The learned
reviewing judge observed that the charge sheet reflected that
the
date of birth of the accused, M, was given as 11 May 1996 which would
have made him 16 years old when he committed the crimes
and that if
this was indeed so, the accused should have been dealt with under the
Child Justice Act.
3.
The trial magistrate agreed with the learned reviewing judge and asks
that the proceedings against the accused M be set aside
and commenced
de novo in terms of the provisions of the Child Justice Act. I agree.
In relation to the co-accused, the proceedings
were in accordance
with justice and will accordingly be confirmed.
4.
I therefore make the following order:
1.
The conviction of and sentence imposed upon L M in Lydenburg
Magistrate’s Court case no 040/12 are hereby set aside.
2.
The case against the accused L M is remitted to the magistrate to be
commenced de novo. In the further proceedings against LM,
the
magistrate must have regard to and apply the provisions of the
Child
Justice Act, 75 of 2008
.
3.
The conviction of and sentence imposed on SL, who was tried together
with LM, are hereby confirmed.
NB
Tuchten
Judge
of the High Court 9 July 2013
SP
Mothle
Judge
of the High Court 9 July 2013