Sentencing (Reform) Amendment Bill - Amendment paper No 252
Sentencing (Reform) Amendment Bill - Amendment paper No 252
Sentencing (Reform) Amendment Bill - Amendment paper No 252
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No 252
House of Representatives
Amendment Paper
Sentencing (Reform) Amendment Bill
Proposed amendment
Dr Lawrence Xu-Nan, in Committee, to move the following amendment:
Clause 6
In clause 6, delete subclause (1) and the cross-heading above it (page 6, line 26 to page 7, line 14).
Explanatory note
This Amendment Paper amends the Sentencing (Reform) Amendment Bill to remove the aggravating factor for an adult offender convicted as party to an offence committed by a child or young person.
While the Green Party agrees that mokopuna need to be protected from exploitation, this bill is likely to simply result in longer sentences for young people who offend in groups (where some mokopuna are over 18 years old and some under), rather than against adults “exploiting” mokopuna or orchestrating offending at arm’s length.
Mana Mokopuna makes clear that “Neuroscience does not support an arbitrary distinction being drawn between young people over 18 years and under 18 years who offend together as a means to justify harsher sentences for the older offenders of the group:
(a)
“Brain development can continue into the mid 20s and ‘normal brain development’ has often been hindered among young people who offend due to factors such as trauma, or due to neurodisabilities…
(b)
“The frontal lobe of a young person may not develop fully until around age 25, which may be linked with impulsive adolescent offending. In contrast, such development may never occur fully in people with some types of brain functioning or damage… these issues include traumatic brain injury (TBI), fetal alcohol spectrum disorder (FASD), cognitive impairment/intellectual disability, communication disorders, attention-deficit/hyperactivity disorder (ADHD), learning difficulties, dyslexia and autism spectrum disorder (ASD).”1
1 Mana Mokopuna Children and Young People’s Commission, Submission on Sentencing (Reform) Amendment Bill, Oct 2024
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Sentencing (Reform) Amendment Bill - Amendment paper No 252
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