THE CHILD JUSTICE ACT: PROCEDURAL SENTENCING ISSUES

In this contribution a number of procedural issues related to the sentencing of child offenders and emanating from the Child Justice Act 75 of 2008 are considered in some detail. As a general rule, the Act requires pre-sentence reports to be obtained from probation officers before sentencing any child offender, with only a limited number of exceptions. The article argues that the peremptory nature of the Act means that a probation report is always required, even if reports by other experts are also available. The exceptions are limited to instances other than those where the child offender is sentenced to any form of imprisonment or to residence in a care centre. The article addresses the question of whether or not the reference to imprisonment includes alternative imprisonment which is imposed only as an alternative to a fine. It suggests that alternative imprisonment should, generally, not be imposed on child offenders. When an exception is not prevented because of the sentence, a pre-sentence report may be dispensed with only when the offence is a schedule-1 offence (the least serious class of offences) or when obtaining a report would prejudice the child. It is argued that these exceptions are likely to occur rather rarely. A final aspect of the Act’s provisions on pre-sentence reports is the requirement that reasons be given for a departure from the recommendations in a pre-sentence report. This requirement merely confirms the status quo.The Act permits the prosecutor to provide the court with a victim impact statement. Such a statement is defined in the Act. It is a sworn statement by a victim or someone authorised by the victim explaining the consequences to the victim of the commission of the crime. The article also addresses the issue of whether or not the child justice court might mero motu obtain a victim impact statement when the prosecution does not do so.Finally, the article addresses appeals against and reviews of the trial courts’ sentences. It notes that appeal by the child offender is made somewhat easier, as some child offenders need not obtain leave to appeal. These include children under the age of 16, or older children sentenced to imprisonment. Again, the meaning of “imprisonment” is at least somewhat ambiguous. The provisions on automatic review have attracted considerable judicial attention already. The majority of these judgments confirmed the apparently clear wording of the Act, in terms of which the cases of all child offenders under the age of 16 should be reviewed regardless of whether they were legally represented or of the sentence imposed. In the case of child offenders aged 16 or 17, only custodial sentences are reviewable. The judgments which found this to be an incorrect interpretation are dealt with in some detail, with the conclusion that they were incorrectly decided

Complex Interactions between Temperature and Relative Humidity on Water Balance of Adult Tsetse (Glossinidae, Diptera): Implications for Climate Change

Insect water balance plays an important role in determining energy budgets, activity patterns, survival, and population dynamics and, hence, geographic distribution. Tsetse (Glossina spp.) are important vectors of human and animal disease occupying a wide range of habitats in Africa and are notable for their desiccation resistance in xeric environments. Here, we measure water balance and related traits [water loss rate (WLR), body water content (BWC), body lipid content (BLC) and body mass] in adult flies across a range of temperature (20–30°C) and relative humidity (0–99%) combinations in four tsetse species from both xeric and mesic habitats. WLRs were significantly affected by measurement under different temperature and relative humidity combinations, while BWC, BLC, and body mass were less affected. These results provide support for mass-independent inter- and intra-specific variation in WLRs and survival times. Furthermore, water balance responses to variation in temperature and relative humidity are complex in Glossina, and this response varies within and among species, subgroups, and ecotypes in terms of both magnitude of effects and the direction of change. Different effects of temperature and relative humidity within and among experimental conditions and species suggests cuticular permeability and saturation deficit are likely to be key factors in forecasting tsetse water balance responses to climate variability. This complicates potential forecasting of tsetse distribution in the face of climate change

The closed spiracle phase of discontinuous gas exchange predicts diving duration in the grasshopper Paracinema tricolor

The discontinuous gas exchange (DGE) pattern of respiration shown by many arthropods includes periods of spiracle closure (C-phase) and is largely thought to serve as a physiological adaptation to restrict water loss in terrestrial environments. One major challenge to this hypothesis is to explain the presence of DGE in insects in moist environments. Here, we show a novel ecological correlate of the C-phase, namely, diving behaviour in mesic Paracinema tricolor grasshoppers. Notably, maximal dive duration is positively correlated with C-phase length, even after accounting for mass scaling and absolute metabolic rate. Here, we propose that an additional advantage of DGE may be conferred by allowing the tracheal system to act as a sealed underwater oxygen reservoir. Spiracle closure may facilitate underwater submersion, which, in turn, may contribute to predator avoidance, the survival of accidental immersion or periodic flooding and the exploitation of underwater resources

Risk factors associated with the intervention of perpetrators of domestic violence

INTRODUCTION: South Africa has the highest incidence of violence against women and a woman is killed every six hours by an intimate partner. Furthermore, women in South Africa are more likely to be killed by an intimate partner than a stranger. It seems apparent that not much is known about the men who will continue to use violence in an intimate relationship or those who would kill their partners. International trends have indicated that intervention with either the survivor or the batterer in isolation is futile and greater recognition has been given to the development of comprehensive and co-ordinated responses. These co-ordinated responses must include community, social as well as criminal justice interventions. Yet, intervention programmes for batterers are in their infancy in Africa, with a special interest developing really only over the last five years. The initial development of any intervention for batterers emerged from the observation that the beatings or killings did not stop simply because the survivor received an intervention. Yet the batterer programmes that developed were not always in the best interest or safety of the women. METHODS: This study used the methodological framework of intervention research and design to develop a technology for intervening with the batterer himself. The different phases of this methodological framework was used to analyse the problem, gather and synthesize information through a literature review, study functional elements of successful batterer intervention programmes and then to design a risk-based assessment and intervention guidelines. The writer implemented an existing risk assessment guide, called the Spousal Assault Risk Assessment guide (SARA) to this end and the outcomes informed the design of the framework. The writer used purposive sampling to include the 53 male respondents and 47 female respondents in this study. RESULTS: The main findings of this study concur with the overall trends reflected in literature on domestic violence and the management of batterers. The implementation of the SARA guidelines further confirmed that treatment providers must assess batterers very thoroughly prior to the commencement of batterer intervention programmes. The identification of risk markers must clearly be taken into consideration when programmes are developed to manage the batterer as a means to stop ongoing domestic violence. Specific findings that emerged from the different phases of the research methodology are presented in greater detail in this final research report. CONCLUSIONS: The findings of this study concur with the main trends detected in the literature regarding the risk markers for continued violence. Batterers who have a history of violence, were exposed to violence during childhood, are impulsive and present with poor anger management skills appear to continue using intimate violence. Those men who tend to ignore or violate protection orders and restraining orders also appear to be more committed to using continued intimate violence

Statins, bugs and prophylaxis: intriguing possibilities

Statin therapy may represent a potential prophylactic intervention in certain high-risk scenarios, for example in pandemic influenza and in those undergoing aggressive medical treatments. Emerging data indicate a potential prophylactic role in these high-risk groups

Predictable patterns of trait mismatches between interacting plants and insects

Includes bibliography.Publication of this article was funded by the Stellenbosch University Open Access Fund.Background: There are few predictions about the directionality or extent of morphological trait (mis)matches between interacting organisms. We review and analyse studies on morphological trait complementarity (e.g. floral tube length versus insect mouthpart length) at the population and species level. Results: Plants have consistently more exaggerated morphological traits than insects at high trait magnitudes and in some cases less exaggerated traits than insects at smaller trait magnitudes. This result held at the population level, as well as for phylogenetically adjusted analyses at the species-level and for both pollination and host-parasite interactions, perhaps suggesting a general pattern. Across communities, the degree of trait mismatch between one specialist plant and its more generalized pollinator was related to the level of pollinator specialization at each site; the observed pattern supports the "life-dinner principle" of selection acting more strongly on species with more at stake in the interaction. Similarly, plant mating system also affected the degree of trait correspondence because selfing reduces the reliance on pollinators and is analogous to pollination generalization. Conclusions: Our analyses suggest that there are predictable "winners" and "losers" of evolutionary arms races and the results of this study highlight the fact that breeding system and the degree of specialization can influence the outcome.Peer reviewe