CMY2604
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 2025
, Dealing with Young Offenders
Question 1
Developmental factors to be considered in Devon’s criminal capacity and
sentencing under the Child Justice Act 75 of 2008
The Child Justice Act 75 of 2008 requires that a pre-trial assessment must consider the
child’s developmental stage, criminal capacity, and the circumstances that contributed
to offending behaviour (Skelton & Tshehla, 2008). In Devon’s case, five key
developmental factors are particularly relevant.
1. Age and Emotional Maturity
At 17 years old, Devon is legally still a child. Research shows that adolescents often
display impulsivity, poor foresight, and limited emotional regulation due to incomplete
brain development (Steinberg, 2017). The psychological evaluation found Devon
emotionally immature, which suggests that his capacity to distinguish right from wrong
and to act in accordance with that knowledge was compromised. The court is therefore
likely to consider his diminished maturity when determining sentencing, favouring
rehabilitation over purely punitive measures.
2. Intellectual Functioning and Cognitive Development
Devon was assessed as having below-average intellectual functioning. Lower cognitive
capacity often reduces a youth’s ability to weigh consequences, resist peer pressure,
and control impulses (Viljoen, McLachlan & Vincent, 2010). This factor is critical
because the Child Justice Act requires an assessment of whether the child could
understand the seriousness of the crime (Gallinetti, 2009). Devon’s limited intellectual
functioning may therefore mitigate his criminal responsibility and support
recommendations for educational and therapeutic interventions.
3. Family Background and Attachment Issues
Devon’s knowledge of his adoption at age 11 triggered feelings of rejection and low self-
worth, which escalated family conflict. Poor family attachment and rejection are strongly
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 2025
, Dealing with Young Offenders
Question 1
Developmental factors to be considered in Devon’s criminal capacity and
sentencing under the Child Justice Act 75 of 2008
The Child Justice Act 75 of 2008 requires that a pre-trial assessment must consider the
child’s developmental stage, criminal capacity, and the circumstances that contributed
to offending behaviour (Skelton & Tshehla, 2008). In Devon’s case, five key
developmental factors are particularly relevant.
1. Age and Emotional Maturity
At 17 years old, Devon is legally still a child. Research shows that adolescents often
display impulsivity, poor foresight, and limited emotional regulation due to incomplete
brain development (Steinberg, 2017). The psychological evaluation found Devon
emotionally immature, which suggests that his capacity to distinguish right from wrong
and to act in accordance with that knowledge was compromised. The court is therefore
likely to consider his diminished maturity when determining sentencing, favouring
rehabilitation over purely punitive measures.
2. Intellectual Functioning and Cognitive Development
Devon was assessed as having below-average intellectual functioning. Lower cognitive
capacity often reduces a youth’s ability to weigh consequences, resist peer pressure,
and control impulses (Viljoen, McLachlan & Vincent, 2010). This factor is critical
because the Child Justice Act requires an assessment of whether the child could
understand the seriousness of the crime (Gallinetti, 2009). Devon’s limited intellectual
functioning may therefore mitigate his criminal responsibility and support
recommendations for educational and therapeutic interventions.
3. Family Background and Attachment Issues
Devon’s knowledge of his adoption at age 11 triggered feelings of rejection and low self-
worth, which escalated family conflict. Poor family attachment and rejection are strongly
