Show simple item record 2017-04-08T17:07:18Z 2017-04-08T17:07:18Z 2006-09-29 en
dc.identifier.citation [2007] ZACC 18
dc.identifier.citation 2008 (3) SA 232 (CC)
dc.identifier.citation 2007 (12) BCLR 1312 (CC)
dc.title S v M en
dc.title.alternative CCT53/06 en
dc.identifier.casenumber CCT53/06 en
dc.contributor.judge Sachs J
dc.concourt.synopsis This matter concerns the impact of the constitutional injunction that the best interests of a child are paramount in all matters concerning the child on sentencing of primary caregivers of young children. Applicant unsuccessfully petitioned the Supreme Court of Appeal for leave to appeal against the order of imprisonment for fraud and applied to this Court for leave to appeal. The majority in this Court held that focused and informed attention needed to be given to the interests of children at appropriate moments in the sentencing process. The objective was to ensure that the sentencing court was in a position adequately to balance all the varied interests involved, including those of the children placed at risk. The Regional Magistrate had passed sentence without giving sufficient independent and informed attention as required by s. 28(2) read with s. 28(1)(b) of the Constitution, to the impact on the children of sending M to prison The Court held that in the light of all the circumstances of this case M, her children, the community and the victims who will be repaid from her earnings, stand to benefit more from her being placed under correctional supervision than from her being sent back to prison. Appeal upheld. Majority: Sachs J (Moseneke DCJ, Mokgoro J, Ngcobo J, O'Regan J, Skweyiya J, and Van der Westhuizen J concurring). Dissent: Madala J (Navsa AJ and Nkabinde J concurring).

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