New Zealand Law/Criminal/Sentencing

Statutory Provisions

• Part II Crimes Act
• Criminal Justice Act 1985
• Sentencing Act 2002

Definitions

Aggravating Factor: one which would justify a greater penalty if the court accepts it as a factor.
Mitigating Factor: one which would justify a lesser penalty if the court accepts it as a factor.

Supervision sentence: 6 mths to 1 year.
Community work: 40 to 400 hrs.

R v Taueki

• Facts

Charged with myriad of assaults. Plead guilty. Appealed sentence.

• Held

Aggravating factors:

- extreme violence

- premeditation

- serious injury

- weapons

- attacking head

- facilitation of crime

- perverting the course of justice

- multiple attackers

- vulnerability of the victim

- home invasion

- gang warfare

- victim is public official

- vigilante action

- hate crime

Mitigating factors

- provocation

- excessive self-defence

Factors that should not be seen as reducing seriousness of conduct:

- domestic situation

- victim’s plea (for light sentence)

- intoxication.