THE SUPREME COURT OF APPEAL
REPUBLIC OF SOUTH AFRICA
MEDIA STATEMENT – CASE HEARING IN SUPREME COURT OF APPEAL
 
DPP KwaZulu-Natal v P

Supreme Court of Appeal -363/05 Hearing date: 9 November 2005
  Judgment date: 1 December 2005
Sentence – appeal by state against sentence imposed on a 14 year old girl upon conviction for murder of her grandmother and theft – whether postponement of the passing of sentence coupled with 36 months of correctional supervision in terms of s 276(1)(h) of Act 51 of 1977 on certain conditions appropriate, given the severity of the offence – traditional and post-constitutional approach to sentencing with respect to a child offender (under 18 years old) considered. Appellate court’s entitlement to interfere also considered.
Media Summary of Judgment

From: The Registrar, Supreme Court of Appeal

 

Please note that the media summary is intended for the benefit of the media and does not form part of the judgment of the Supreme Court of Appeal.

 

DIRECTOR OF PUBLIC PROSECUTIONS KWAZULU-NATAL V P

 

The SCA today upheld an appeal by the state against an order postponing the passing of sentence, coupled with a sentence of 36 months of correctional supervision (with certain conditions) imposed upon a 14 year old girl, P, by the High Court, Pietermaritzburg, in Kwazulu Natal upon her conviction for theft and the brutal murder of her grandmother on 14 September 2002, with the assistance of two men, Mr Vusumuzi Tshabalala and Mr Sipho Hadebe, each of whom received 25 years’ imprisonment.

The SCA upheld the state’s contention that the sentence imposed by the trial judge (Swain J) was too lenient, and that he had not exercised his discretion properly, by failing to give a due and sufficient weight to the gravity of the offence and the interests of society.

After reviewing the evidence, the provision of the Constitution and the International Instruments relating to the sentencing of juvenile offenders under the age of 18, the SCA set aside the sentence imposed by the trial judge and replaced it with a wholly suspended seven-year sentence subject to certain conditions, relating to house arrest, schooling, therapy, supervised probation and the performance of Community