Durban — The judge dealing with the plea of a teenager charged in the suitcase double murder case will be faced with the mammoth task of balancing criminal law against the Child Justice Act as well as the interests of society and that of the accused minor.
This was the analysis of criminal law expert William Booth, who said the court had to be mindful of the Child Justice Act and follow the procedures set out.
“This is quite a complex situation in dealing with the sentence. The court has a very difficult function to fulfil, looking at the seriousness of the crime and the feelings of the community,” said Booth.
The teenager is expected to appear again on Monday in the Durban High Court, after the child’s anticipated plea was adjourned on Wednesday for the National Prosecuting Authority to approach the judge president in the province for the allocation of a judge who would preside over proceedings.
The teen had been charged along with Slindile Pamela Zamisa and her daughter Andile Zamisa for the 2020 kidnapping and murders of mom and child Smangele Simamane and 12-year-old Sbongakonke Mthembu.
However, when the trial began she indicated that she wanted to plead guilty and a separation of trial was imposed.
When the offences were committed, the accused teen was 13 years old. The trial against the Zamisa women was wrapped up this week with judgment expected on Tuesday.
Booth said the court had to deal with the merits of the case and consider her age at the time.
“The issue of her ability to distinguish between right and wrong must be determined. If the court finds that the teen was fully aware of what she was doing and had the necessary intention to commit the crime bearing in mind the age at the time it can convict her. From there on the court has to look at sentencing and deal with this process in terms of the Child Justice Act which was promulgated in 2008, specifically Act 75.”
Simamane’s brother Siza Mthembu said he wanted the teen to be handed a sentence of direct imprisonment.
“Yes, she was a child at the time but in all this time she has said nothing to the police about what really happened as any other child would have done. In my eyes, she is just as bad as those who are already convicted and serving their sentence for the murders, she shows no remorse every time we see her at court.”
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