S v C (A JUVENILE) 1997 (2) ZLR 395 (H)

1997 (2) ZLR p395

Flynote

Criminal law — defences — youthfulness — presumption that child under 14 doli incapax — child of 14 or over — possibility that child is doli incapax cannot be ignored, especially when facts suggest naughtiness rather than criminal intent

Criminal procedure — juvenile offender — decision as to whether to prosecute — whether Attorney-General's authority required — absence of such authority — effect — steps a magistrate should take on the arraignment of a child

Criminal procedure — juvenile offender — unrepresented offender — court's duty towards

Criminal procedure (sentence) — general principles — juvenile — probation officer's report — need for before court can properly decide whether imprisonment or institutionalization is appropriate