4 Legal Problem Solving with FIRAC INSTRUCTIONS: Read the following set of facts and apply the FIRAC model as instructed. Do not forget to use the correct headings in the correct sequence, especially for the 'rule of law'. Use your own words for the rule of law. Use the mark scheme as a guideline as to content. Sandra is a 16yearold orphan living with her 73yearold aunt Hilda. She has had several run ins with the law since her parents died seven years ago. At the age of 11, she was arrested on two separate occasions: The first time for being in possession of dagga and a second time, for theft. She could not be prosecuted on both occasions because she lacked the necessary criminal capacity to appreciate the consequences of her actions. On both occasions, the magistrate The Independent Institute of Education (Pty) Ltd referred her for counselling to a home for troubled children. It did not make a difference in her behaviour. Since turning 14, her criminal activities have become worse. She was arrested on three separate occasions since then for the theft of goods worth less than R300. On all three occasions, she was referred to a diversion programme in an attempt to rehabilitate her and reintegrate her as a productive member, into society. She does not have a criminal record yet. In her most recent crime, she broke a beer bottle, held it to the throat of a 13yearold girl and stole her watch. The magistrate, before whom she appeared, found her guilty. The prosecutor in the matter is adamant that Sandra is a danger to society and argues that she should get direct imprisonment. You believe that there is still a chance of Sandra being rehabilitated, especially in the light of her youth. You argue that she should rather be sent on a diversion programme again or alternatively sent to a child and youth care centre. Use the FIRAC model to put your arguments before the court. Refer to S v Bridge1997 (2) SACR 518 (C) and S v Anderson 1964 (3) SA 494 (A), which you can find on the IIE's Library Website Eshelf under Law Resources as case authority as well as the legislation below when formulating your argument