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Sentencing Act 2002

Sentencing purposes and principles, and provisions of general application - Purposes and principles of sentencing

7: Purposes of sentencing or otherwise dealing with offenders

You could also call this:

"Why the court punishes or helps people who commit crimes"

Illustration for Sentencing Act 2002

When a court sentences or deals with someone who has committed a crime, they do it for several reasons. You might be held accountable for the harm you caused to the victim and the community. The court also wants to help you understand that you are responsible for the harm you caused and to make amends for it.

The court considers the needs of the victim and tries to make things right by providing reparation for the harm done. They also want to show that the behaviour was wrong and to stop you or others from committing the same crime again. The court aims to keep the community safe from you and to help you become a better person and reintegrate into society.

The court can choose one or more of these reasons when dealing with someone who has committed a crime, and no one reason is more important than the others.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM135543.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal helpCrime and justice > Victim support
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6: Penal enactments not to have retrospective effect to disadvantage of offender, or

"You get the lesser penalty if the law changes after you commit a crime."

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8: Principles of sentencing or otherwise dealing with offenders, or

"How the court decides what happens to you when you break the law"

Part 1Sentencing purposes and principles, and provisions of general application
Purposes and principles of sentencing

7Purposes of sentencing or otherwise dealing with offenders

  1. The purposes for which a court may sentence or otherwise deal with an offender are—

  2. to hold the offender accountable for harm done to the victim and the community by the offending; or
    1. to promote in the offender a sense of responsibility for, and an acknowledgment of, that harm; or
      1. to provide for the interests of the victim of the offence; or
        1. to provide reparation for harm done by the offending; or
          1. to denounce the conduct in which the offender was involved; or
            1. to deter the offender or other persons from committing the same or a similar offence; or
              1. to protect the community from the offender; or
                1. to assist in the offender's rehabilitation and reintegration; or
                  1. a combination of 2 or more of the purposes in paragraphs (a) to (h).

                    1. To avoid doubt, nothing about the order in which the purposes appear in this section implies that any purpose referred to must be given greater weight than any other purpose referred to.