VAN DER WESTHUIZEN J of 25 years’ imprisonment for a child who is 14 years or older at the time of being sentenced.34 [54] Given the seriousness of the crime, his previous conviction as well as the need to protect society against serious crime through, amongst other means, the preventative effect of punishment, considered together with his age, I would impose a sentence of 20 years’ imprisonment. As Mr Mpofu has served more than half of this term, he might be eligible for parole.35 However, that is not an issue for this Court to consider. Conclusion [55] Mr Mpofu was convicted of serious offences, including murder. His age at the time he committed these offences is not factually certain. The evidence is inconclusive and the veracity of the information put forward by Mr Mpofu is not above suspicion. However, it is possible that he was 16 or 17 years old at the time of the commission of the offences. From statements in the High Court judgment that he was 20 at the time of sentencing it appears that the Court found that this was the case. 34 Section 77(4), read with section 77(3), states: “A child [who is 14 years or older at the time of being sentenced for the offence, but not 16 years or older at the time of the commission of an offence referred to in Schedule 2 to the Criminal Law Amendment Act 105 of 1997] may be sentenced to a sentence of imprisonment for a period not exceeding 25 years.” 35 Section 136(1) of the Correctional Services Act 111 of 1998 (new Act) provides that any person serving a sentence of imprisonment, immediately before the commencement of the new Act, is subject to the provisions of the Correctional Services Act 8 of 1959 (old Act). This section preserves the policy and guidelines that applied at any time before the new Act came into operation in 2004. As Mr Mpofu was sentenced in 2001 it seems clear that in terms of section 136(1) of the new Act the parole provisions applicable to him are those set out in section 65(4)(a) of the old Act. Section 65(4)(a) provides that a prisoner serving a determinate sentence imposed prior to July 2004, may be considered for parole after having served half of the sentence, unless the date for considering parole is brought forward as a result of credits earned. 24