Q: When did Parliament allow judges to reduce sentences for the impact on criminals’ children? A: Parliament didn’t. Activist judges just made it up.

The Sensible Sentencing Trust is today drawing attention to more outrageous judicial activism - in the form of sentence discounts for the impact of a sentence on the offender’s children.  You read that right - the offender’s children - not the victim’s children.

National spokesperson Louise Parsons today said: “Yesterday, the New Zealand Herald reported on a case where the rapist of a young woman was sentenced in Nelson District Court.  The Judge reduced his sentence length by 10% for the impact on his children.”

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“This is absolutely outrageous.  Sentencing is about justice for victims. Yet, judges are now giving sentence discounts as much as 10% to vile offenders such as rapists, for the impact on the rapist’s children.  No consideration of the impact on the victim and any children she may have.  This case was not unusual.  Sentence discounts are now commonly given for the impact on an offender’s children.” continued Parsons.

”The obvious reality is that when a serious criminal is sentenced to prison, that will have an effect on other people in their life - but that is entirely irrelevant - that’s what is supposed to happen when you commit serious crime.  There will always be impacts on others connected to the offender when sentenced.  The only person on whom the impacts should be considered is the victim.  It is the victim who has suffered loss and the sentence imposed on the criminal is meant to restore that balance.” continued Parsons.

”To some victims, a discount for the effects on an offender’s children will feel as though the children are being used as a form of human shield.  A proper justice system would not re-victimise people like this.” continued Parsons.

“What has become increasingly obvious is that if Parliament gives judges an inch, they will take a mile.  Any vacumn Parliament leaves open for judges to fill - will be filled with the high-minded and disconnected values of judges - not our democratically elected MPs.” continued Parsons.

“Sensible Sentencing Trust is calling on the Government to reign in the excesses of the judiciary, and reform the Sentencing Act to make it clear that the effects on an offenders’ children is not an allowable reason for a sentence discount.  In fact, it should only be the effects on a victim’s children that is given any weight in sentencing and should be a strongly aggravating factor.” concluded Ms Parsons.