What about the children? Sentencing defendants who are parents of dependent children

Journal article

This article considers the duty of the courts to recognise the implications for children that flow from sentencing defendants who are parents. In 2020–22 Dr Minson presented her research at judicial education seminars organised by Te Kura Kaiwhakawa, Institute of Judicial Studies. Dr Minson’s research in England and Wales analysed the observance of children’s rights in sentencing decisions concerning their primary carers (mainly mothers). Her work explores the lack of concern for children whose primary carers are before the courts in that jurisdiction. This research provided the impetus to assess the parallel situation here in Aotearoa. This article refers to defendants who are parents, however the case law and sentencing principles are applicable to defendants who are caregivers more generally. Similarly, the sentencing principles may be considered and applied in respect of defendants who have any dependents, children or otherwise.

Authors: Maslin, F; Minson, S

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: LexisNexis New Zealand
• Journal: New Zealand Law Journal
• Pages: 364-371
• Publication date: 2022-11-01
• Acceptance date: 2022-09-29
• ISSN: 0028-8373
• Language: English