Sentencing primary caregivers of young children

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Date

2011

Journal Title

Journal ISSN

Volume Title

Publisher

Juta Law

Abstract

Traditionally a judicial officer was not required to consider the effects of the imposed sentence on the children of the offender, even if the offender was a primary caregiver of young children. The Court in S v M (Centre for Child Law as Amicus Curiae) 2007 (2) SACR 539 (CC) [2007 (12) BCLR 1312] (discussed in detail in Mujuzi (2011) 2 SACJ 164-177) held that, in sentencing primary caregivers of young children, courts should inquire into the effects the sentence will have on such children and, where possible, impose a non-custodial sentence to ensure that the children are not deprived of the care and support of the primary caregiver.

Description

Keywords

Centre for Child Law, Child justice, Primary caregiver, Offender, Sentencing

Citation

Mujuzi, J. (2011). Sentencing primary caregivers of young children. South African Journal of Criminal Justice, 24(3): 338-416