SKWEYIYA J [64] Prospects of success are another relevant factor in determining the interests of justice. Ordinarily, an appellate court can only interfere with the sentence of a lower court where there has been an irregularity that results in a failure of justice; the court below misdirected itself to such an extent that its decision on sentence is vitiated; or the sentence is so disproportionate or shocking that no reasonable court could have imposed it.39 In addition, this Court, ordinarily, will entertain appeals on sentence only if a fair trial issue is at stake.40 Without the possibility of reliable proof that one of these grounds has been established there are no prospects of success. [65] The amicus curiae appointed by this Court to investigate Mr Mpofu’s age, Mr Yakoob Alli, gave a detailed report concluding that it “appears” that Mr Mpofu was 16 years old at the time of the offences. However, Mr Alli, despite his commendable efforts, was without the benefit of verifiable, objective evidence and accordingly the factual dispute cannot be resolved by recourse to this report. [66] Neither does the judgment of the High Court allow this Court to reach a neat, definitive conclusion on Mr Mpofu’s age as we cannot determine, with any level of certainty, what that Court accepted with regard to Mr Mpofu’s age. There is nothing in the High Court judgment that shows that Mr Mpofu had been represented to the Court on the basis that he was a child at the time of the offences. It is difficult to accept that, if he had in fact been a child, it would not have been revealed to the Court. Age is widely known as a highly relevant mitigating factor in sentencing. I also find it 39 Bogaards v S [2012] ZACC 23; 2012 (12) BCLR 1261 (CC); 2013 (1) SACR 1 (CC) at para 41. 40 Section 35(3) of the Constitution provides in relevant part: “Every accused person has a right to a fair trial”. 28