Brandt v S [2005] 2 All SA 1 (SCA)

Main Issue: Murder and life imprisonment on youthful offender/ applicability of minimum sentencing to juveniles

Findings: The fact that an offender is under 18 although over 16 at the time of the offence automatically confers a discretion on the sentencing court which is then free to depart from the prescribed minimum sentence. The trial court in this case erred in not exercising discretion and sentence is set aside and replaced with one of 18 years’ imprisonment from life imprisonment. In conclusion, Court ruled that minimum sentences do not apply to juveniles.

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