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Sentencing Act 2002

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

8: Principles of sentencing or otherwise dealing with offenders

You could also call this:

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

Illustration for Sentencing Act 2002

When you break the law, a court decides what should happen to you. The court thinks about how bad your actions were and how guilty you are. They also think about how serious your crime is compared to other crimes.

The court looks at the maximum penalty for your crime and decides if you should get that penalty. They think about if other people who did similar crimes got similar penalties. The court also thinks about how your crime affected the victim and what will help you not break the law again.

You can read more about the hierarchy of sentences and orders in section 10A. The court thinks about your personal life, family, and community when deciding what to do with you. They also think about if restorative justice has happened or will happen, which you can read more about in section 10.

If you have done a very serious crime, the court will give you a strong penalty. The court follows special rules for certain crimes, which you can read about in section 86J for stage-2 and stage-3 offences. A manifestly unjust exception is explained in section 86O(2), 86P(2), 86R(2), (3), or (6), or 86S(2).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM135544.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 1Sentencing purposes and principles, and provisions of general application
Purposes and principles of sentencing

8Principles of sentencing or otherwise dealing with offenders

  1. In sentencing or otherwise dealing with an offender the court—

  2. must take into account the gravity of the offending in the particular case, including the degree of culpability of the offender; and
    1. must take into account the seriousness of the type of offence in comparison with other types of offences, as indicated by the maximum penalties prescribed for the offences; and
      1. must impose the maximum penalty prescribed for the offence if the offending is within the most serious of cases for which that penalty is prescribed, unless circumstances relating to the offender make that inappropriate; and
        1. must impose a penalty near to the maximum prescribed for the offence if the offending is near to the most serious of cases for which that penalty is prescribed, unless circumstances relating to the offender make that inappropriate; and
          1. must take into account the general desirability of consistency with appropriate sentencing levels and other means of dealing with offenders in respect of similar offenders committing similar offences in similar circumstances; and
            1. must take into account any information provided to the court concerning the effect of the offending on the victim; and
              1. must impose the least restrictive outcome that is appropriate in the circumstances, in accordance with the hierarchy of sentences and orders set out in section 10A; and
                1. must take into account any particular circumstances of the offender that mean that a sentence or other means of dealing with the offender that would otherwise be appropriate would, in the particular instance, be disproportionately severe; and
                  1. must take into account the offender's personal, family, whanau, community, and cultural background in imposing a sentence or other means of dealing with the offender with a partly or wholly rehabilitative purpose; and
                    1. must take into account any outcomes of restorative justice processes that have occurred, or that the court is satisfied are likely to occur, in relation to the particular case (including, without limitation, anything referred to in section 10).

                      1. In addition, in sentencing an offender for a stage-2 offence or a stage-3 offence, the court must, if a manifestly unjust exception applies, nevertheless regard the offence as worthy of a stern sentencing response.

                      2. In this section,—

                        manifestly unjust exception means an exception set out in section 86O(2), 86P(2), 86R(2), (3), or (6), or 86S(2)

                          stage-2 offence has the same meaning as in section 86J

                            stage-3 offence has the same meaning as in section 86J.

                            Notes
                            • Section 8(1)(g): amended, on , by section 6(2) of the Sentencing Amendment Act 2007 (2007 No 27).
                            • Section 8(2): inserted, on , by section 5 of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).
                            • Section 8(3): inserted, on , by section 5 of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).