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NEWS: WA initiates new drugs laws to protect kids

Mr Blonde

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Oct 1, 2006
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People who expose children to harm by making or growing illicit drugs face a mandatory minimum jail term of 12 months under new laws introduced by the West Australian government.

Police Minister Rob Johnson says the reforms aim to protect children and the community from the dangers posed by clandestine drug laboratories.

So far this year WA Police have uncovered 44 clandestine labs in homes and other sites. A total of 20 children were found to be living at those properties.

"This government is serious about protecting the community from the insidious drug trade and does not tolerate illicit drug use, supply and manufacture," Mr Johnson said on Saturday.

"The message is clear, any adult who exposes or causes harm to a child through drugs will receive a jail sentence."

The Misuse of Drugs Amendment Bill 2011 also introduces a mandatory minimum six-month jail term for adults convicted of repeat offences for selling or supplying drugs to a child or exposing a child to harm through making, growing or preparing illicit drugs.

The laws remove sentencing options such as fines, community-based orders or intensive supervision orders for a range of drug offences involving children.

Link.


Not actually a bad idea.
 
I can understand meth labs but if you're growing some Cannabis/Poppies/Mushrooms/Cocoa maybe? out the back, I honestly don't see how that could harm anyone in any way.
I completely agree with jail time for having children near dangerous/volatile labs.
 
^Yeah they could have been more specific as to what drugs being manufactured, good point. People grow Cannabis for medicinal purposes, where as people cook up meth to make money, and thats where the harm is!
 
Yeah the only problem I see is that this could apply just as easily to someone who has a weed plant growing in their closet as it could to someone who cooks meth in the kitchen with kids underfoot.

Kids definitely don't belong anywhere near a meth lab, don't think anyone would disagree with that.
 
I can understand meth labs but if you're growing some Cannabis/Poppies/Mushrooms/Cocoa maybe? out the back, I honestly don't see how that could harm anyone in any way.
I completely agree with jail time for having children near dangerous/volatile labs.

You got that right man!
 
I can understand meth labs but if you're growing some Cannabis/Poppies/Mushrooms/Cocoa maybe? out the back, I honestly don't see how that could harm anyone in any way.
I completely agree with jail time for having children near dangerous/volatile labs.

In an ideal world, if you were growing these plants you would have to keep them where they cannot be accessed by children as there is potential for danger there. But as you say, that's probably not how this law is going to be used.
 
wa police minister rob johnston is a fucking snake - this is just another piece of propaganda aimed at linking "tough drug laws" with "protecting the children". the same old horse shit from the same old crooks.

surely the justice system already takes things into a account like whether children are exposed to such things - where there is real harm to the children, appropriate social services will no doubt become involved. locking up mums and dads for longer doesn't help anyone - it's bad enough that kids might be living in these sorts of circumstances to begin with, but anyone saying longer jail terms will solve or prevent this is lying. smoke and mirrors - dog whistle politics.

if there was a real need in the community to do something about this, there are other ways to tackle it than calling a press conference and threatening to lock people up for longer. does nothing at all to address the problem - people that have meth labs (and kids in the same house) aren't going to all of a sudden stop and pack it in because some old gasbag is threatening them with more penalties. it's been proven that stiffer penalties are no deterrent.

this is just a self-serving headline in their ongoing effort to convince us all that people who grow cannabis and the like are criminals (whereas people that build industrial gas processing cities in world heritage listed marine reserves are a-ok).

the real criminals are 50s dinosaurs like rob johnson. would you buy a used car off this man?

article-johnson-420x0.jpg
 
mandatory anything is a fucked idea. no need for judges or juries if a computer can do it.
 
I was busted 20+ years ago in WA for growing and even then the threat of having our kids removed was being tossed at mrs losthippy and I as the cops gathered their evidence. It was a tool to intimidate, but it was also discretionary. On their recommendation child welfare officers would become involved and a shitty situation could get worse, depending on what they found and how one behaved.

Now that discretion has been squashed, it will be interesting to know exactly what sets of numbers will trigger the mandatory removal of people's kids. What a brain-fart of an idea.
 
I can't see how taking at least one parent away from a child for a year is in the best interests of any child. If they were truly concerned with children's welfare they should also start targeting dead beat parents no matter what their drug of choice is. I have met more than my fair share of drug producers, and when it comes to meth producers I can say that the majority are not living a lifestyle that I would want to expose to my kids. Dangerous chemicals are one thing but so are the circles of friends one has to keep. Like someone mentioned earlier though, "mandatory" takes away common sense and discretion away from professional judges. I'd be disappointed to think that ma and pa who grows a couple of plants next to his tomato patch will be facing a year behind bars.
 
Well my one plant that i just pulled, will ensure me 12 months, for endangering my child????WTF...Am glad i pulled it the other day!!!!

Meth Labs sure, they are volotile places that explode on a whim....No way in Gods name should bubs be near or in the lab...Thats plain abuse i believe...But pot??? Fuck man...Thats not endangering my child in the least!
 
It looks like the actual changes to the law are a little bit different to what is represented in that article. The children must have had bodily harm inflicted or have their "life, health or safety" endangered. And there is provision for a suspended sentence for first offenders where no harm has occurred. It hardly seems right if this is used on cannabis growers though especially those who make sure their kids cant get into the grow. And considering that just over a year ago all they would have got was a fine.

http://www.mediastatements.wa.gov.au/Pages/WACabinetMinistersSearch.aspx?ItemId=149132&minister=Johnson&admin=Barnett

1. Causing harm to a child - first and subsequent offence: where a person, who was an adult at the time the offence was committed, is convicted of manufacturing or preparing a prohibited drug, cultivating a prohibited plant or possessing certain chemicals, and the offence was committed in circumstances which caused bodily harm to a child under the age of 16 years, the court must impose a minimum term of imprisonment of 12 months and must not suspend the term of imprisonment.

2. Exposing a child to harm - first offence: if a person, who was an adult at the time the offence was committed, is convicted of manufacturing or preparing a prohibited drug, cultivating a prohibited plant or possessing certain chemicals, and the offence was committed in circumstances which endangered the life, health or safety of a child under the age of 16, the court must use only one of the following sentencing options:
•suspended imprisonment
•conditional suspended imprisonment
•a term of imprisonment.
For a second and subsequent offence, the courts must impose a minimum mandatory jail term of six months imprisonment.

3. Selling drugs to children - first offence: when the court is sentencing a person, who was an adult at the time the offence was committed, for selling or supplying, or offering to sell or supply, a prohibited drug or prohibited plant to a child under the age of 18 years, the court must use only one of the following sentencing options:
•suspended imprisonment
•conditional suspended imprisonment
•a term of imprisonment.
For a second a subsequent offence, the courts must impose a minimum mandatory jail term of six months imprisonment.
Minister's office - 6552 5900
 
In other words Miss Kirsty, unless your plant turned into some kind of Triffid and ate your child its unlikely you would do any time.

A 6 month suspended sentence is still a bit harsh and it looks like the police might be the ones who get to determine whether the offence was "committed in circumstances which endangered the life, health or safety of a child " rather than the courts. I hope this isnt the case but given that this is coming from the Police minister it probably is.
What a cock.
 
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And to add to the mix - if you have been busted at some point in the past and appear before the courts again you could be labeled a recalcitrant (for not having learned your previous lesson(s)) and expect the penalty to be applied more rigorously to you than a first-timer. Let's face it - some folk have an epiphany after being busted and change their ways, but I suspect there are many more who tug the forelock and swear they'll become law biding citizens only to have a rethink about how to keep doing what they do without getting caught again. Cynical, but probably a fair assessment.
 
Well WA is a POLICE State and everyone
knows that. The POLICE rule everything here
and rob johnson is the most corrupt and rough
cunt that ever walked the earth. How i hate that
filthy rotten old cunt. But i agree that exposing
children to meth labs and dangerous chemicals
should impose serious penalties. But growing poppies
and cannabis plants in your vegie patch is not endangering
your children at all. And if the govt takes them away for
that then they are fucking cunts that need to be locked up
themselves.
 
^ Good to see the opposition is trying to do their job (sort of). It's a shame that "not wanting to seem soft on drugs" is the main motivating factor for both sides rather than anything to do with effective policy based on research or evidence of any kind. I bet they wouldnt repeal the laws even if they got into power at the next election. Imagine the headlines...8)
 
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