oa Article 40 - Rebutting the presumption of criminal capacity. S vs Ngobesi and others 2001 (1) SACR 562

Volume 5 Number 3
  • ISSN : 1562-4382



Extracted from text ... 6 This case came before a judge on special review, after a chief magistrate's attention was drawn to the young age of the children convicted by an additional magistrate in his jurisdiction. The three children concerned were 13 and 14 years of age, and had been convicted on a charge of housebreaking, attempt to steal and theft. The chief magistrate had asked for a report from the sentencing officer about the convictions. Portions of the report provided are quoted in the review judgment. Concerning proof of criminal capacity (the 13-yearold was subject to the presumption that he was doli incapax), ..

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