n South African Journal of Criminal Justice - Sentencing : recent cases
|Article Title||Sentencing : recent cases|
|© Publisher:||Juta Law Publishing|
|Journal||South African Journal of Criminal Justice|
|Affiliations||1 University of Western Cape|
|Publication Date||Jan 2011|
|Pages||389 - 416|
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.
Article metrics loading...