17
(b) In consequence the sentencing court is generally free to apply the
usual sentencing criteria in deciding on an appropriate sentence.
(c) The offender under 18 though over 16 does not have to establish the
existence of substantial and compelling circumstances because
s51(3)(a) finds no application to him or her.
(d) By contrast with the class of offender under 16, however, the
statutory scheme requires that the sentencing court should take into
account the fact that the legislature has ordinarily ordained the
prescribed sentences for the offences in question. This operates as a
weighting factor in the sentencing process.
(e) It follows on this approach that where the provisions of s51(2) apply
the regional court retains its competence to finalise the matter contrary
to the conclusion in Makwetsja.
[25] Returning to the facts of the present appeal: the evidence in
mitigation reveals a childhood characterised by neglect, ill-discipline and
ineffective parenting.
The appellant was raised in an atmosphere of
social and emotional deprivation. Alcohol and substance abuse were
the order of the day and clashes with the law were commonplace at an
early age, followed inevitably by admission to a place of safety and an
industrial school. Two attempts at suicide followed. Little wonder then
that Satanism and its ritualistic practices appeared attractive to his still
impressionable, immature mind. The tale is woeful. It is of a child failed
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