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Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80M: Appeals in respect of substituted sentences

You could also call this:

"Appealing a new sentence given by the court to replace an old one"

Illustration for Sentencing Act 2002

If a court orders a new sentence to replace an old one, this section applies. You might get a new sentence if the court cancels a sentence of home detention and gives you a different sentence under section 80F, or if the court cancels a sentence of imprisonment and gives you a sentence of home detention under section 80K.

When you appeal or ask to appeal the new sentence, the court treats the new sentence as if it was the original sentence given when you were found guilty.

The new sentence is considered to be a sentence given when you were found guilty of the charge, so you can appeal it like you would the original sentence.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136413.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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80L: Updated pre-sentence report, or

"Updating your report to change your prison sentence to home detention"

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80MA: Registrar must notify controlling officer and offender of resumption of sentence, or

"When your appeal is finished, the court tells you and your probation officer when your sentence starts again."

Part 2Sentences, orders, and related matters
Home detention

80MAppeals in respect of substituted sentences

  1. This section applies if a court orders—

  2. cancellation of a sentence of home detention and substitution of another sentence under section 80F; or
    1. cancellation of a sentence of imprisonment and substitution of a sentence of home detention under section 80K.

      1. For the purposes of any appeal or application for leave to appeal against the substituted sentence, a sentence substituted for a 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 80M: inserted, on , by section 44 of the Sentencing Amendment Act 2007 (2007 No 27).
      • Section 80M(2): replaced, on , by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).