Director of Public Prosecutions, KZN v P [2006] 1 All SA 446 (SCA)

Main Issue: Sentencing of minor

Findings: Sentence – appeal by state against sentence imposed on a 14 year old girl upon conviction for murder of her grandmother and theft – whether postponement of the passing of sentence coupled with 36 months of correctional supervision in terms of s 276(1)(h) of Act 51 of 1977 on certain conditions appropriate, given the severity of the offence – traditional and post constitutional approach to sentencing with respect to a child offender (under 18 years old) considered. Appellate court’s entitlement to interfere also considered. Court replaced sentence even though the appellant was substantially successful in the appeal.

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