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Sentencing Act 2002

Sentences, orders, and related matters - Community-based sentences - Review of community-based sentences and cancellation of sentences of reparation

73: Appeal in respect of substituted sentence

You could also call this:

"Appealing a new sentence that replaces an old one"

Illustration for Sentencing Act 2002

If you want to appeal a new sentence that replaces a community-based sentence, the new sentence is treated as if it was given to you when you were first found guilty. You can appeal or ask to appeal the new sentence, just like you would with the original sentence given to you for the crime. The law considers the new sentence to be part of your original conviction, so you can appeal it in the same way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136088.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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72: Jurisdiction and procedure, or

"Which court handles changes to community-based sentences and how it works"

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74: Order must be drawn up and copy given to offender, etc, or

"The court must give you a copy of your sentence details in writing."

Part 2Sentences, orders, and related matters
Community-based sentences: Review of community-based sentences and cancellation of sentences of reparation

73Appeal in respect of substituted sentence

  1. For the purposes of any appeal or application for leave to appeal, a sentence substituted for a community-based sentence imposed on the conviction of the offender on a charge is deemed to be a sentence imposed on the conviction of the offender on that charge.

Notes
  • Section 73: replaced, on , by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).