A juvenile gangster who brazenly shot dead a rival teenage gangster, in a display of fearless macho, was effectively jailed for 12 years on Monday.
The 15-year-old, who may not be named, appeared in the Parow Regional Court, before magistrate Constance Nziweni who said the child shot dead his rival in an attempt to impress other, more senior members of the gang to which the accused belonged.
He was sentenced on charges of premeditated murder, four counts of attempted murder, and one relating to his possession of a prohibited firearm and ammunition.
The magistrate said the incident last year, when he was only 14, had all the hallmarks of peer group pressure, when he was absorbed in the dark underworld of gangsterism, and was motivated by his gang-related desires.
He had in fact left school at the age of 14, in order to get involved with gangs.
A probation report indicated that his mother was currently in prison, and that his father had shown no interest in him.
The accused had not enjoyed a healthy family environment, with suitable role models, and this had left him vulnerable to getting involved with the wrong people and falling prey to bad influences.
The magistrate said society generally was ravaged with violence, and that young children were increasingly getting involved in organised violent crime – and the ages of offenders was getting ever-younger.
She said the murder of the accused’s rival had been unprovoked, and had happened whilst the deceased was “minding his own business”. She described the murder as “brutal and cold-blooded”.
A few days after the murder, the accused had not thought twice about exchanging gunfire with the police, and the court agreed with prosecutor Daniel Cloete that this showed that he had no regard or respect for the sanctity of life or for authority and law.
She said the case had to be dealt with according to the Child Justice Act, which had in fact established a special criminal justice system for children in conflict with the law.
She said case law discouraged prison sentences for teenagers clashing with the law, except if the sheer gravity of an offence demanded incarceration – as this case did.
She said a sentence of compulsory residence in a youth care centre was not suitable for this accused, but that a fine or non-custodial correctional supervision was also not appropriate.
-African News Agency (ANA)
