Sentencing Act 2002

Sentences, orders, and related matters - Sentencing for murder - Imposition of minimum period of imprisonment or imprisonment without parole

104: Imposition of minimum period of imprisonment of 17 years or more

You could also call this:

"When you commit a very serious crime, you might have to stay in prison for at least 17 years."

Illustration for Sentencing Act 2002

If you commit a serious crime like murder, the court might give you a minimum prison sentence of 17 years or more. This can happen if certain circumstances apply, such as the murder was planned or involved breaking into someone's home. The court will look at things like whether the murder was brutal or if the victim was a police officer or someone who was vulnerable. You can read more about these circumstances in section 103 and the Terrorism Suppression Act 2002. The court does not have to give you a minimum sentence if it thinks it would be very unfair. This rule does not apply to you if the court has already made a special order under section 86P(2), 86S(2), or 103(2A).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136802.


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Part 2Sentences, orders, and related matters
Sentencing for murder: Imposition of minimum period of imprisonment or imprisonment without parole

104Imposition of minimum period of imprisonment of 17 years or more

  1. The court must make an order under section 103 imposing a minimum period of imprisonment of at least 17 years if any 1 or more of the circumstances set out in subsection (1A) apply, unless the court is satisfied that it would be manifestly unjust to do so.

  2. The circumstances are as follows:

  3. the murder was committed in an attempt to avoid the detection, prosecution, or conviction of any person for any offence or in any other way to attempt to subvert the course of justice:
    1. the murder involved calculated or lengthy planning, including making an arrangement under which money or anything of value passes (or is intended to pass) from one person to another:
      1. the murder involved the unlawful entry into, or unlawful presence in, a dwelling place:
        1. the murder was committed in the course of another serious offence:
          1. the murder was committed with a high level of brutality, cruelty, depravity, or callousness:
            1. the murder was committed as part of a terrorist act (as defined in section 5(1) of the Terrorism Suppression Act 2002):
              1. the deceased was a constable or a prison officer acting in the course of their duty:
                1. the deceased was particularly vulnerable because of their age, health, or any other factor:
                  1. the offender has been convicted of 2 or more counts of murder, whether or not arising from the same circumstances:
                    1. any other exceptional circumstances exist.
                      1. This section does not apply to an offender in respect of whom an order under section 86P(2), 86S(2), or 103(2A) is made.

                      Notes
                      • Section 104(1): replaced, on , by section 10(1) of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).
                      • Section 104(1A): inserted, on , by section 10(1) of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).
                      • Section 104(2): inserted, on , by section 11 of the Sentencing and Parole Reform Act 2010 (2010 No 33).
                      • Section 104(2): amended, on , by section 10(2) of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).