Criminal defence lawyer: Milnerton High assault may lead to harsh sentences for accused pupils

Eight pupils from Milnerton High School could face serious consequences, including possible jail time, after a video surfaced showing a violent attack on a Grade 10 pupil in a school changing room.

The footage shows the boy, reportedly recovering from cancer, pleading for the beating to stop as he was hit with belts and what appears to be a hockey stick.

The accused, charged with assault with intent to do grievous bodily harm, were each released on R2,000 bail, with two of them under the age of 18.

Criminal defence lawyer William Booth explained that depending on the extent of the victim’s injuries and the circumstances of the attack, the court could impose anything from community service and house arrest to direct imprisonment.

"Looking at it [the video], it's clear that this was quite a serious incident.

"Potentially, you could be sentenced to direct imprisonment, but let's say in general, and depending on how serious the assault is, whether there was some sort of provocation in the background, a court must look at the factors of the accused, look at how serious the incident is, what does society want with regard to sentencing and balance that all.

"Particularly where there's a group involved and there hasn't been any kind of provocation, where somebody's been attacked and they attacked that person and they go too far. But again, courts must look at mitigation, aggravation, and balance them all. I think that age is an important factor, even if you are just an adult, that you are just over 18; it plays a significant role."

In more severe cases, Booth said that such charges can even be upgraded to attempted murder if the assault was particularly violent or prolonged.

He added that judges often consider factors such as provocation, the level of planning, and the attackers’ ages when deciding on sentences.

However, Booth noted that the emotional and psychological trauma suffered by the victim, especially given that the incident took place at school, will likely weigh heavily in any sentencing decision.

"The fact that it happened at school and that it was people that you were at school with, maybe playing sports with them or exchanging whatever with them during the day. So now you've got to carry on at the school where these people might still be. So, it is trauma, and that must be taken into account when the court looks at sentencing."

To listen to Booth in conversation with CapeTalk's John Maytham, use the audio player below: