, PRL5902 ASSIGNMENT 3 2026
DUE DATE : 15 OCTOBER 2026
QUESTION 1
(a) Criminal capacity of the four children
Freddy is fourteen years old and is therefore above the age of criminal capacity
contemplated by section 7 of the Child Justice Act 75 of 2008. The special presumption in
section 7(2) applies only to children who are 12 years or older but under 14 years. Freddy
can therefore be held criminally liable if the other requirements for the relevant offences,
such as unlawfulness and intention, are proved. His age does not automatically exclude
criminal responsibility.1
Jason and Kevin are both twelve years old. In terms of section 7(2) of the Child Justice Act
75 of 2008, a child who is 12 years or older but under 14 years is presumed to lack criminal
capacity. The State must therefore prove beyond a reasonable doubt that each child was
capable of appreciating the difference between right and wrong and of acting in accordance
with that appreciation at the time of the alleged offences.2 Their age alone therefore does
not make them criminally liable, although the State may rebut the presumption by producing
sufficient evidence of their criminal capacity. Section 11 requires the court to consider
matters such as the child's cognitive, moral, emotional, psychological and social
development.3
Andy is six years old and therefore falls below the statutory minimum age of criminal
capacity. Section 7(1) of the Child Justice Act provides that a child who commits an offence
while under the age of 12 years does not have criminal capacity and cannot be prosecuted
for that offence. Andy therefore cannot be criminally prosecuted for the alleged trespassing,
1
Child Justice Act 75 of 2008 s 7(2)–(3).
2
Child Justice Act 75 of 2008 ss 7(2) and 11(1).
3
Child Justice Act 75 of 2008 s 11(2).
DUE DATE : 15 OCTOBER 2026
QUESTION 1
(a) Criminal capacity of the four children
Freddy is fourteen years old and is therefore above the age of criminal capacity
contemplated by section 7 of the Child Justice Act 75 of 2008. The special presumption in
section 7(2) applies only to children who are 12 years or older but under 14 years. Freddy
can therefore be held criminally liable if the other requirements for the relevant offences,
such as unlawfulness and intention, are proved. His age does not automatically exclude
criminal responsibility.1
Jason and Kevin are both twelve years old. In terms of section 7(2) of the Child Justice Act
75 of 2008, a child who is 12 years or older but under 14 years is presumed to lack criminal
capacity. The State must therefore prove beyond a reasonable doubt that each child was
capable of appreciating the difference between right and wrong and of acting in accordance
with that appreciation at the time of the alleged offences.2 Their age alone therefore does
not make them criminally liable, although the State may rebut the presumption by producing
sufficient evidence of their criminal capacity. Section 11 requires the court to consider
matters such as the child's cognitive, moral, emotional, psychological and social
development.3
Andy is six years old and therefore falls below the statutory minimum age of criminal
capacity. Section 7(1) of the Child Justice Act provides that a child who commits an offence
while under the age of 12 years does not have criminal capacity and cannot be prosecuted
for that offence. Andy therefore cannot be criminally prosecuted for the alleged trespassing,
1
Child Justice Act 75 of 2008 s 7(2)–(3).
2
Child Justice Act 75 of 2008 ss 7(2) and 11(1).
3
Child Justice Act 75 of 2008 s 11(2).
