Judges told courts should consider rights of children
The Constitutional Court was yesterday asked to weigh arguments for and against the States right to ask a court for a custodial sentence for wrongdoers who are also primary caregivers.
It heard argument that criminal courts should consider the interests of children whose primary caregiver was facing imprisonment before handing down jail sentences. An advocate for a mother of three convicted of fraud also asked the court to consider compelling the sentencing court to ensure that children were cared for, should the court decide that a prison sentence was the only appropriate punishment. According to a Business Day report, the State is of the opinion the woman is hiding behind her children to avoid a jail term. It is opposing the appeal. Full Business Day report