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.