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10 marksDefences and Sentencing

CAPE Law Unit 1 · 2005 · Paper 2 · Question 1(a)

Two 16-year-old neighbours, Keisha and Tyrone, have a dispute when Keisha, disturbed by Tyrone's loud music at midnight while studying, tries to turn off his audio set using a stick through a window; the equipment falls and is damaged. Charged with burglary and malicious damage to property, the magistrate allows Keisha's school principal (a character witness) to decide her sentence.

Explain whether or not the magistrate has the legal power to sentence Keisha in the manner proposed.

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Other parts of this question

  1. 1(b)Under the Young Offender's Act, a magistrate may sentence a young offender to perform community service at school supervised by the principal. Determine…[10 marks]
  2. 1(c)Advise Keisha on the court hierarchy and appellate avenues available to her in the appeal process.[10 marks]

More practice: the rest of this paper · more Defences and Sentencing questions · all CAPE Law Unit 1 past papers