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obliged to impose the statutorily prescribed minimum sentence: and, if it
does do so, it is required to enter its reasons for its decision on the
record of the proceedings. (See Sv Nkosi supra at 141b-j; and S v
Blaauw supra at 263e-264j.)
[12] The effect of the provision is thus that s51(3)(b) automatically
gives the sentencing court the discretion that it acquires under s51(3)(a)
only where it finds substantial and compelling circumstances. It follows
that the 'substantial and compelling' formula finds no application to
offenders between 16 and 18. A court is therefore generally free to
apply the usual sentencing criteria in deciding on an appropriate
sentence for a child between the ages of 16 and 18. As in a case where
s51(3)(a) finds application, the court in arriving at an appropriate
sentence must, however, not lose sight of the fact that offences of the
kind specified in Schedule 2 of the Act have been singled out by the
legislature for severe sentences. The gravity of the offence must
accordingly receive recognition in the determination of an appropriate
sentence.
[13] The Constitution, read with the various international instruments
that have a bearing on the subject of the rights of young people in
conflict with the law, furnishes the backdrop to this approach. Section
28(2) of the Constitution provides: '[A] child's best interests are of
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