Sentencing primary caregivers of young children
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Date
2011
Authors
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