(Protection of Children from Criminal Offending) Amendment Bill 94-1

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NCWNZ Action Item Response Sheet
Please send your responses to National Office: ncwnz@ncwnz.org.nz and put in the Subject line:
Action Item response: Sentencing (Protection of Children from Criminal Offending)
Amendment Bill 94-1
Date: Thursday 10 October 2013
Document
Sentencing (Protection of Children from Criminal Offending) Amendment Bill 94-1
Committee/Writer Justice & Law Reform/ Cleone Campbell
Action Item due
date
Website where
document can be
viewed
21 October 2013
www.legislation.govt.nz
Responder, eg
Name of Branch,
NOS, individual
Number of people
contributing to
response
Criminal offending by adults often exposes children to serious harm. A primary example is the
production of drugs, particularly methamphetamine. Often this is produced in residential buildings
which puts the lives and health of resident children at risk of poisoning and burns from the highly
dangerous and unstable chemicals used.
Minors are often the innocent parties to criminal offending by adults and deserve protection from
adult offending that puts them at risk of harm.
The amendment defines “minor” as person under the age of 17 years and “in the presence of a
minor” as –
in a place or building where a minor is present or could reasonably be expected to be present; or
in close proximity to a place or building where a minor is present or could reasonably be expected to
be present.
The Bill amends the Sentencing Act 2002 by inserting the additional aggravating factors to be taken
into account for sentencing:
that the offence was committed by an offender aged 17 years or over in the presence of a minor and
the actions undertaken to commit the offence put the minor at risk of physical, emotional, or mental
harm (for example, illness or injury).

Question 1
Please comment on the amendment as to whether or not you agree with the amendment and please
give reasons.

Question 2
Please add any other comments.
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