CMY2604
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 2025
, Question 1: Developmental Factors in Devon’s Criminal Capacity Assessment
1.1 Introduction
The Child Justice Act 75 of 2008 (CJA) emphasises that when a child offender is
assessed for criminal capacity and sentencing, developmental factors must be carefully
examined to ensure that legal decisions are consistent with the principles of child
justice. In Devon’s case, his history of emotional instability, substance abuse, and
intellectual limitations presents a complex scenario for the court. This section discusses
five developmental factors relevant to assessing his criminal capacity and sentencing
prospects.
1.2 Developmental Factors
1.2.1 Emotional Maturity
Devon is described as emotionally immature, which is significant in determining whether
he fully comprehended the wrongfulness of his actions and could act accordingly.
Emotional immaturity can impair judgment, reduce impulse control, and make it more
likely that a child will react violently under stress (Steinberg, 2017). In sentencing, the
court may consider this as a mitigating factor, favouring rehabilitative over punitive
measures.
1.2.2 Intellectual Functioning
Devon’s below-average intellectual functioning indicates cognitive limitations that may
have affected his decision-making. According to Prinsloo (2019), intellectual deficits can
reduce an offender’s ability to foresee consequences, which impacts criminal capacity
assessments under Section 11 of the CJA. This factor could support the argument for
specialised rehabilitative programmes rather than purely custodial sentences.
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 2025
, Question 1: Developmental Factors in Devon’s Criminal Capacity Assessment
1.1 Introduction
The Child Justice Act 75 of 2008 (CJA) emphasises that when a child offender is
assessed for criminal capacity and sentencing, developmental factors must be carefully
examined to ensure that legal decisions are consistent with the principles of child
justice. In Devon’s case, his history of emotional instability, substance abuse, and
intellectual limitations presents a complex scenario for the court. This section discusses
five developmental factors relevant to assessing his criminal capacity and sentencing
prospects.
1.2 Developmental Factors
1.2.1 Emotional Maturity
Devon is described as emotionally immature, which is significant in determining whether
he fully comprehended the wrongfulness of his actions and could act accordingly.
Emotional immaturity can impair judgment, reduce impulse control, and make it more
likely that a child will react violently under stress (Steinberg, 2017). In sentencing, the
court may consider this as a mitigating factor, favouring rehabilitative over punitive
measures.
1.2.2 Intellectual Functioning
Devon’s below-average intellectual functioning indicates cognitive limitations that may
have affected his decision-making. According to Prinsloo (2019), intellectual deficits can
reduce an offender’s ability to foresee consequences, which impacts criminal capacity
assessments under Section 11 of the CJA. This factor could support the argument for
specialised rehabilitative programmes rather than purely custodial sentences.
