Donnelly Brian: Questions for Oral Answer — Questions to Ministers 
Donnelly Brian: Questions for Oral Answer — Questions to Ministers 
[Volume:640;Page:10548] 
6.  
Hon BRIAN DONNELLY (NZ First) 
 to the  
Minister of Justice 
: Is the Government concerned at the findings of the recent report of the National Drug Intelligence Bureau which shows that almost one-third of clan-labs discovered by police were found at dwellings that had children resident and would it consider legislation making criminal offending in the presence of a minor an aggravating factor at sentencing as an option to rectify this problem? 
Hon MARK BURTON (Minister of Justice) 
: 
 Yes the Government is most certainly concerned that any child should be exposed to clan-lab situations. Any measure that can protect at-risk children in such situations must of course be considered. The member I know is genuinely concerned and will therefore be pleased to know that there is already precedent for dealing with aggravating factors in criminal behaviour. I can perhaps do no better than to quote Winkelmann J in the 2005 sentencing of an offender who was involved with the manufacture of methamphetamine: “it is a considerable aggravating factor that one of these operations was in the garage at the property where you lived with your children .. you exposed your children to toxic chemicals and a dangerous environment.” I absolutely support the justice’s ruling there. 
Hon Brian Donnelly 
: Would the Minister agree that young children are far too often the innocent parties to criminal offending by adults and that where offending endangers minors or exposes them to potentially adverse effects from that offending the sentence imposed should reflect this; if not why not? 
Hon MARK BURTON 
: Again I can only agree with the member and I am sure he will welcome the High Court judgment that I referred to before because it establishes very clearly at law that putting children in harm’s way in such criminal behaviour situations is indeed an aggravating circumstance and should be treated as such. 
Hon Brian Donnelly 
: Is the Minister aware that several jurisdictions in the United States have passed legislation making the manufacture of methamphetamine in a residence occupied by a minor an aggravating factor at sentencing; and is he satisfied that current legislation is providing results in sentencing that properly take into account the safety of children and their exposure to such dangerous criminal practices? 
Hon MARK BURTON 
: I think the Sentencing Act 2002 certainly does provide for the provision of aggravating circumstance and section 9(4) allows the sentencing judge to take into account matters that are deemed to be appropriate. I think there is considerable provision there as I have said in the first two answers. The High Court has established common law that is useful for any future reference but certainly I am taking the opportunity to consider the report. This is the first time that we have had this particular report dealing with the direct impact on children and I am certainly taking the opportunity to look very carefully at the matter. 
Hon Brian Donnelly 
: I seek leave to table my Sentencing (Protection of Children from Criminal Offending) Amendment Bill which would make criminal offending in the presence of a minor an aggravating factor in sentencing. 
Document by leave laid on the Table of the House.