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Sentencing Act 2002

Sentencing purposes and principles, and provisions of general application - Permitted combinations of sentences

19: Permitted combinations of sentences

You could also call this:

"What sentences can be given together when you break the law?"

Illustration for Sentencing Act 2002

When you break the law, a court can give you a sentence. The court can give you one type of sentence or a combination of different types. A sentence of reparation can be given with any other sentence.

A fine can be given with any sentence, but there are some exceptions when it comes to imprisonment. The court can only give you a fine with imprisonment if the law that applies to your offence allows it. You can get a supervision sentence with most other sentences, except for intensive supervision, home detention, or imprisonment.

You can get a community work sentence with most other sentences, except for imprisonment, but there are some conditions you must meet, as stated in section 20(2). A community detention sentence can be given with most other sentences, except for home detention or imprisonment. An intensive supervision sentence can be given with most other sentences, except for supervision, home detention, or imprisonment.

A home detention sentence can be given with a reparation sentence, a fine, or community work. An imprisonment sentence can be given with a reparation sentence or a fine, but there are some conditions that apply to the fine.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM135564.

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Part 1Sentencing purposes and principles, and provisions of general application
Permitted combinations of sentences

19Permitted combinations of sentences

  1. No court may impose a combination of sentences of different types on an offender in respect of 1 or more offences except as provided in this section.

  2. A sentence of reparation may be imposed with any sentence.

  3. A sentence of a fine may be imposed with any sentence, but may only be imposed with a sentence of imprisonment in respect of a particular offence if authorised by the enactment specifying the offence.

  4. A sentence of supervision may be combined with any sentence except intensive supervision, home detention, or imprisonment.

  5. A sentence of community work, subject to section 20(2), may be combined with any sentence except imprisonment.

  6. A sentence of community detention may be combined with any sentence except home detention or imprisonment.

  7. A sentence of intensive supervision may be combined with any sentence except supervision, home detention, or imprisonment.

  8. A sentence of home detention may be combined with a sentence of reparation, a fine, or community work.

  9. A sentence of imprisonment may be combined with a sentence of reparation or, subject to subsection (3), a fine.

Notes
  • Section 19: replaced, on , by section 11 of the Sentencing Amendment Act 2007 (2007 No 27).