Sentencing primary caregivers of young children
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.