In this case involves the accused, a 14 year old child offender who had legal representation, who pleaded guilty on a charge of murder and handed in a statement setting out the basis of his plea. He was convicted on his guilty plea and sentenced to 8 years imprisonment. The South African Supreme Court of Appeal set aside the conviction and sentence because the presumption that the accused lacked criminal capacity at the time of the commission of the offence has not been rebutted by the state.