CASE STUDY: Child offender - Thabo Prince Radebe

Thabo Prince Radebe is 17 years old. He is found guilty on a charge of theft. The value of the television is R15 000.

The home circumstances of the offender is that of a dysfunctional family. The father is an alcoholic but denies this. He abuses his wife when he is drunk and any child or person that want to save the situation also becomes a victim of domestic violence. The mother is small of posture and only wants peace in the home. The father verbally abuse and discipline the children with a belt when he is under the influence of alcohol (drunk). The father started to abuse alcohol after he lost his taxi business during a taxi rivalry in 2018. In 2019 he got a job at the local municipality. However, he recently received a second written warning for being drunk at work. The mother is the manager of the cleaning services at the municipality.

The family lives in a comfortable three-bedroom house in the upper-class area of the local township. There is no bond on the house, or the vehicles owned by the father and the mother. At the end of 2020 the father of the mother died of Covid-19, and the grandmother stays with the family in an outbuilding renovated for her.

Although, the family belongs to the Disciples for Christ Church, they rarely attend services and the children do not attend Sunday school.

Three years ago, this boy was diverted from the criminal justice system after he stole food and small appliances from a local shop. He had to attend the full diversion programme.He successfully completed the programme.

He has an elder sister, 19 years, and the younger sisters aged 10, 12, and 14. After she completed Grade 12 the eldest sister left home and stays and work in another province. She maintains contact with the family. The boy's relationship with his younger sisters are questionable. He believes that he is the black sheep in the family.He believes that only the sisters get attention at home and support in terms of their schoolwork. The little sisters are respectively in Grades 4, and 6 at the local primary school and part of the Top 10 scholars in their grades.The sister, aged 15. She passed Grade 7 with an average of 81%. Last year she passed Grade 8 with an average mark of 75% and is now busy doing Grade 9. The offender is repeating Grade 10, and they are enrolled in the same school as it is the only secondary school in the township.

The school principal and teachers confirmed that since his enrolment at the secondary school the offender was in trouble. He challenged the disciplinary systems and mocks male teachers and boys in the school up to breaking point. Since 2023 his misbehaviour worsened. His behaviour elicit aggressive behaviour from other.The offender is mostly a loner, however, is friends with learners in Grade 11 who continuously misbehave and at risk to be expelled.

The relationship between the mother and daughters is good.The mother said that as a toddler and while he was in primary school the accused associated with other children of his age and be playful naughty. He was never rude or disrespectful. It was about six months after he started with the secondary school that his negative behaviour started and the relationship with both parents deteriorated.

The criminal offence happened at 22:30 on a Friday evening.The owners were not at home. The original criminal charge was armed robbery and theft.He did not act alone and was with a group of youngsters between the ages of 17 and 20 years. The stolen property were two televisions, three laptops, an inverter, a game station and a suitcase. The neighbours alerted the police after they heard the housekeeper (domestic worker) yelling. The perpetrators tried to escape, and the policemen had to chase them for six (6) kilometers before they were apprehended.

The housekeeper lives on the property. She was not injured but the experience of having a gun pointed at her when she entered the house she was not only shocked but scared to death too. Currently any noise scares her, and she freezes.

Circumstances and background information were confirmed by the granny, neighbours, School principle, the teachers, the employer and other community members. The Identity Document of the offender confirmed his identifying particulars.

QUESTIONS

1. From the case study identify and list the important aspects that must be addressed in the Assessment section of the pre-sentence report. 20 marks

ASSESSMENT GUIDELINE

In the assessment the probation officer refers to the background information; the family relationships; his physical, health and psychological factors; housing and environment where he lives; religious; socio-cultural aspects, indicating how all these aspects influenced the offender's life and behaviour.The assessment of the effect and impact of the diversion programme the offender attended. The critical discussion (assessment) must be logic and realistic. At the end of the assessment, the probation officer must reason about the appropriateness of possible sentencing options such as a postponed sentence; postponement with the supervision of a social worker; a suspended sentence and compulsory residence in a child and youth care centre.

The Assessment Guideline above must not be part of your answer.

1. Use your prescribed booksto identify the chapters that may be relevant to use as validation of aspects in an assessment. Example: witnessed Father's death with no treatment = reason for misbehaviour = trauma. Bezuidenhout, Child and youth misbehaviour, chapter 14 p302. 10 marks

Prescribed books

Bezuidenhout, C. (Ed.) 2018. Child and youth misbehaviourin South Africa: A holistic approach. 4^th edition. Pretoria: Van Schaik Publishers.

Bezuidenhout, FK. (Ed.) 2017. A Reader on Selected Social Issues, 6^th edition. Pretoria: Van Schaik Publishers.

1. Study the sentence options as given in the Child Justice Act, No 75 of 2008, sections 72 - 78.

Discuss the sentencing option you would recommend if you were the probation officer. 10 marks

Remember:

RECOMMENDATION

The recommendation is done taking into consideration the seriousness of the offence, the safety of the community, personal circumstances of the offender and is realistic in terms of all circumstances.

The Recommendation guideline above must not be included in your answer to Question 3.