, CMY2604 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 – DUE 2025; 100% TRUSTED
Complete, trusted solutions and explanations.
Question 1
Case Study 1: (10 Marks)
Discuss five (5) developmental factors that must be considered when
assessing Devon’s criminal capacity and sentencing prospects, as
required by the Child Justice Act 75 of 2008. For each factor, explain
why it is relevant in Devon’scase and how it may influence the court’s
decision.
Introduction
The Child Justice Act 75 of 2008 (CJA) provides a legal framework for
handling children in conflict with the law in South Africa, ensuring that
their developmental stage, maturity, and circumstances are considered in
determining criminal capacity and sentencing (Skelton & Tshehla,
2008). Devon’s case, involving the murder of his adoptive parents at the
age of 17, requires careful analysis of developmental factors that shaped
his behaviour, as these will guide the court’s decision on whether he
possessed the required criminal capacity and what sentencing approach
would be most appropriate.
Definition
Criminal capacity refers to the mental ability to distinguish between
right and wrong and to act in accordance with that understanding at the
time of the offence (Child Justice Act 75 of 2008, s.7). Developmental
factors are influences—biological, psychological, social, and
environmental—that affect a child’s maturity, judgement, and
Semester 2 2025 – DUE 2025; 100% TRUSTED
Complete, trusted solutions and explanations.
Question 1
Case Study 1: (10 Marks)
Discuss five (5) developmental factors that must be considered when
assessing Devon’s criminal capacity and sentencing prospects, as
required by the Child Justice Act 75 of 2008. For each factor, explain
why it is relevant in Devon’scase and how it may influence the court’s
decision.
Introduction
The Child Justice Act 75 of 2008 (CJA) provides a legal framework for
handling children in conflict with the law in South Africa, ensuring that
their developmental stage, maturity, and circumstances are considered in
determining criminal capacity and sentencing (Skelton & Tshehla,
2008). Devon’s case, involving the murder of his adoptive parents at the
age of 17, requires careful analysis of developmental factors that shaped
his behaviour, as these will guide the court’s decision on whether he
possessed the required criminal capacity and what sentencing approach
would be most appropriate.
Definition
Criminal capacity refers to the mental ability to distinguish between
right and wrong and to act in accordance with that understanding at the
time of the offence (Child Justice Act 75 of 2008, s.7). Developmental
factors are influences—biological, psychological, social, and
environmental—that affect a child’s maturity, judgement, and
