SKWEYIYA ADCJ
Background
[2]
The applicant, J,3 was charged with the rape of a seven-year-old boy and two
six-year-old boys in contravention of section 3 of the Sexual Offences Act. He was
further charged with assault with intent to cause grievous bodily harm for stabbing a
12-year-old girl. J was 14 years old at the time of the commission of the offences.
[3]
In the Magistrates‘ Court, J was assisted by his mother and was legally
represented. He pleaded guilty to all four charges and was accordingly convicted. In
relation to the three rape charges, he was sentenced to five years‘ compulsory
residence in a Child and Youth Care Centre4 and a further three years‘ imprisonment
thereafter.5 For the assault charge, he was given a suspended sentence of six months‘
imprisonment. In addition, the Magistrates‘ Court made an ancillary order in terms of
section 50(2) of the Sexual Offences Act that the applicant‘s particulars be entered in
the Register. Section 50(2) provides:
―(a)
A court that has in terms of this Act or any other law—
(i)
convicted a person of a sexual offence against a child or a person
who is mentally disabled and, after sentence has been imposed by
that court for such offence, in the presence of the convicted person;
or
(ii)
made a finding and given a direction in terms of section 77(6) or
78(6) of the Criminal Procedure Act, 1977, that the person is by
reason of mental illness or mental defect not capable of
understanding the proceedings so as to make a proper defence or was,
3
On 6 February 2014, this Court issued an order to secure the applicant‘s anonymity as he was a child at the
time of the offences and was still a child at the time of the hearing. No person shall publish any information
which reveals, or may reveal, the identity of the applicant.
4
In terms of section 76(1) of the Child Justice Act 75 of 2008.
5
Id section 76(3).
4