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The present case calls upon us to consider the situation where it is not a juvenile offender facing sentencing but the primary caregiver of a child.

Aided by this most helpful material I respond in sequence to the questions as formulated in the directions. What are the duties of the sentencing court in the light of section 28(2) of the Constitution and any relevant statutory provisions when the person being sentenced is the primary caregiver of minor children?

M then petitioned the Supreme Court of Appeal for leave to appeal against the order of imprisonment.

The Supreme Court of Appeal turned down her request. She next applied to this Court for leave to appeal against the refusal of the Supreme Court of Appeal to hear her oral argument, as well as against the sentence imposed by the High Court.

In 1996 she was convicted of fraud and sentenced to a fine coupled with a term of imprisonment that was suspended for five years.

In 1999 she was charged again with fraud, and while out on bail after having been in prison for a short period, committed further fraud.

The report indicated that M would be an appropriate candidate for a correctional supervision order.

Despite strong pleas from her attorney that she not be sent to prison the Court sentenced her to four years’ direct imprisonment.

The Regional Magistrate refused to grant bail pending an appeal, but after M had been in jail for three months, the Cape High Court granted leave to appeal and allowed her to be released on bail.