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

Volume 25, Issue 1
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



Before the advent of democracy in 1994, criminal sentencing was governed by the guidelines found in (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) 126 at 130).

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error