VAN DER WESTHUIZEN J / SKWEYIYA J It did not consider his childhood in sentencing him. This is a serious misdirection, especially in view of the high demands of the Constitution with regard to the sentencing of children, which are of great importance for society and the criminal justice system, over and above the situation of the individual applicant in this case. [56] Therefore the sentence of life imprisonment has to be set aside and replaced with a sentence that is appropriate under the circumstances. The sentence of 28 years’ imprisonment also has to be reduced, so that a cumulative sentence of 20 years is imposed. In the circumstances, I would have upheld the appeal. SKWEYIYA J (Mogoeng CJ, Moseneke DCJ, Cameron J, Froneman J, Jafta J, Yacoob J and Zondo J concurring): Introduction [57] I am unable to agree with the outcome reached in the judgment of my colleague Van der Westhuizen J. I would refuse the applications for condonation and leave to appeal. Constitutional context [58] From the outset, I must emphasise that children’s rights are of the utmost importance in our society. Courts are required to distinguish between children and adult offenders when sentencing and children must enjoy preferential sentencing 25