n South African Journal of Criminal Justice - Do not visit the sins of the parents upon their children : sentencing considerations of the primary caregiver should focus on the long-term best interests of the child : comments
|Article Title||Do not visit the sins of the parents upon their children : sentencing considerations of the primary caregiver should focus on the long-term best interests of the child : comments|
|© Publisher:||Juta Law Publishing|
|Journal||South African Journal of Criminal Justice|
|Author||M. Carnelley and C.A. Epstein|
|Publication Date||Jan 2012|
|Pages||106 - 116|
Before the advent of democracy in 1994, criminal sentencing was governed by the guidelines found in S v Zinn (1969 (2) SA 537 (A) at 540G-H), which required a court - when sentencing an offender - to consider the following triad of factors in determination of an appropriate sentence: the nature of the crime, the personal circumstances of the offender, and the interests of the community. No special focus was placed on the interests of minor children as an independent factor. If a criminal was a primary caregiver of minor children, this was merely one of many factors considered in mitigation under the personal circumstances of the offender (E Coetzee 'Can the application of the human rights of the child in a criminal case result in a therapeutic outcome?' (2010) 13(3) Potchefstroom Electronic Law Journal 126 at 130).
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