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Sentencing Act 2002

Sentences, orders, and related matters - Discharge and miscellaneous orders - Discharge

108: Conviction and discharge

You could also call this:

"Found guilty but not given a sentence: what happens when you're discharged by the court"

Illustration for Sentencing Act 2002

If you are found guilty of a crime, the court can choose not to give you a sentence. Instead, the court can discharge you, which means you do not get a sentence. This can only happen if the law does not say the court must give a minimum sentence. When the court discharges you, it can still make you pay costs or give back any property that belongs to someone else. The court can also make you pay money to compensate someone who was hurt by what you did, but only if that person has not already been paid under the Accident Compensation Act 2001.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136810.

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"When a judge decides not to give you a conviction because it would be too unfair for what you did."

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Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Discharge

108Conviction and discharge

  1. If a person is convicted of an offence, a court before which the offender appears for sentence may, instead of imposing sentence, direct that the offender be discharged, unless by any enactment applicable to the offence the court is required to impose a minimum sentence.

  2. A court discharging an offender under this section may—

  3. make an order for the payment of costs or for the restitution of any property; or
    1. make any order for the payment of any sum that the court thinks fair and reasonable to compensate any person who, through, or by means of, the offence, has suffered—
      1. loss of, or damage to, property; or
        1. emotional harm; or
          1. loss or damage consequential on any emotional or physical harm or loss of, or damage to, property; or
          2. make any order that the court is required to make on conviction.

            1. Sections 32 to 38A apply, with any necessary modifications, to an order under subsection (2)(b) as they apply to a sentence of reparation.

            2. Repealed

            3. Despite subsection (2)(b), the court must not order the payment of compensation in respect of any consequential loss or damage described in subsection (2)(b)(iii) for which compensation has been, or is to be, paid under the Accident Compensation Act 2001.

            4. Repealed

            5. Repealed
            Compare
            Notes
            • Section 108(2A): replaced, on , by section 13(1) of the Sentencing Amendment Act 2011 (2011 No 47).
            • Section 108(3): repealed, on , by section 13(2) of the Sentencing Amendment Act 2011 (2011 No 47).
            • Section 108(4): replaced, on , by section 9 of the Sentencing Amendment Act 2014 (2014 No 38).
            • Section 108(5): repealed, on , by section 13(2) of the Sentencing Amendment Act 2011 (2011 No 47).
            • Section 108(6): repealed, on , by section 13(2) of the Sentencing Amendment Act 2011 (2011 No 47).