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CMY2604 Assignment 1 (DETAILED ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED

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CMY2604 Assignment 1 (DETAILED ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references , Bongani, a 12-year-old boy, was arrested for stealing food from a local supermarket. He lives with his unemployed mother and two younger siblings in a poverty- stricken area. Bongani’s father is in prison, and his mother struggles to provide for the family. During the preliminary inquiry, it becomes clear that Bongani stole the food because his family was hungry. The prosecutor considers diverting Bongani from the criminal justice system. Question 1 Indicate how the objectives of the Child Justice Act 75 of 2008 are applicable to the above scenario. (10 marks) Question 2 Elaborate on the advantages that diversion may have for Bongani,and explain the implications of his age and criminal capacity for diversion.

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March 15, 2025
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CMY2604
Assignment 1 Semester 1 2025
Unique #:

Due Date: March 2025



Detailed solutions, explanations, workings
and references.

+27 81 278 3372

, QUESTION 1: THE OBJECTIVES OF THE CHILD JUSTICE ACT IN RELATION
TO BONGANI’S CASE

1. Introduction

The Child Justice Act 75 of 2008 was enacted to create a separate and
rehabilitative justice system for children in conflict with the law. Recognizing that
children are vulnerable and often commit crimes due to socio-economic
circumstances, the Act seeks to balance accountability with the need for
protection and reintegration into society. Unlike traditional criminal justice
approaches that focus on punishment, this Act emphasizes restorative justice,
rehabilitation, and diversionary measures that prevent reoffending (Gallinetti,
2009).

In the case of Bongani, a 12-year-old boy who stole food out of necessity, the
principles of the Child Justice Act are directly applicable. The Act acknowledges
the impact of poverty and personal circumstances on criminal behavior and
provides a framework that considers the child’s well-being, ensuring that
incarceration is a last resort. This assignment explores how the objectives of the
Child Justice Act can be applied to Bongani’s case and how diversion can serve
as a suitable intervention.



2. Application of the Objectives of the Child Justice Act in Bongani’s Case

2.1 Establishing a Separate Justice System for Children

One of the key objectives of the Act is to establish a criminal justice system that is
specifically designed for children, ensuring that they are treated differently from
adults (Department of Justice and Constitutional Development, 2008). In
Bongani’s case, this means that he should not be subjected to harsh punitive
measures that are typically applied to adult offenders. Instead, he should be
assessed within the child justice system, where the focus is on rehabilitation
rather than punishment.

2.2 Emphasizing Rehabilitation and Reintegration




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