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Sentencing Act 2002

Sentences, orders, and related matters - Miscellaneous, transitional, and savings provisions - Miscellaneous provisions

143: Sentence not invalidated by mistake in age of offender

You could also call this:

"A mistake about your age won't cancel your sentence, but you can ask for it to be changed."

Illustration for Sentencing Act 2002

If you get a sentence for a crime, it is still valid even if the court made a mistake about your age when you committed the crime. You, the prosecutor, or a lawyer for the Crown can ask for a different sentence at any time. You can do this by applying to the court that originally sentenced you, or to a higher court if the sentence was changed on appeal, and the court will look into your case and decide if they should change your sentence.

If the court decides to give you a new sentence, it must be one that you could have gotten when you were first found guilty. The new sentence is like your original sentence, but the time to appeal it starts from when the new sentence was given. You can appeal to a higher court if you do not agree with the new sentence, and you can find more information about this process by looking at the Sentencing Act 2002 and other related laws.

The court that hears your application will depend on which court originally sentenced you and whether your sentence was changed on appeal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136875.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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142Q: Relationship with other provisions in Act, or

"How these rules fit with other rules in the Sentencing Act"

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143A: Sentencing following finding or verdict of guilt on more than 1 charge, or

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Part 2Sentences, orders, and related matters
Miscellaneous, transitional, and savings provisions: Miscellaneous provisions

143Sentence not invalidated by mistake in age of offender

  1. A sentence imposed on an offender for a particular offence is not invalid by reason only of the fact that the offender was, at the time when the offence was committed, under the age at which he or she was liable to the sentence imposed.

  2. If a sentence to which subsection (1) applies has been imposed on an offender, the offender, the prosecutor, or any counsel on behalf of the Crown may, at any time, apply in accordance with this section for the substitution of some other sentence.

  3. An application under this section must be made—

  4. to the High Court, if the sentence was passed—
    1. by the Supreme Court on appeal against a sentence imposed by the High Court, or imposed by the Court of Appeal on appeal from the High Court; or
      1. by the Court of Appeal on appeal from the High Court; or
        1. by the High Court otherwise than on appeal from the District Court; or
        2. to the District Court presided over by a trial Judge, if the sentence was passed—
          1. by the Supreme Court on appeal against a sentence imposed by the District Court presided over by a trial Judge, or imposed by the Court of Appeal on appeal from the District Court presided over by a trial Judge; or
            1. by the Court of Appeal on appeal from the District Court presided over by a trial Judge; or
              1. by a District Court Judge upon conviction following a jury trial; or
              2. to the District Court presided over by any Judge, in any other case.

                1. The Judge to whom the application is made, after inquiry into the circumstances of the case, may impose in substitution for the original sentence any sentence that could have been imposed on the offender at the time of conviction.

                2. For the purposes of an appeal or application for leave to appeal against the substituted sentence,—

                3. the substituted sentence is deemed to be a sentence passed on the conviction of the offender; but
                  1. the time allowed for giving notice of the appeal or application runs from the date on which the substituted sentence was in fact imposed.

                    Compare
                    Notes
                    • Section 143(1): replaced, on , by section 18 of the Sentencing Amendment Act 2004 (2004 No 68).
                    • Section 143(2): replaced, on , by section 18 of the Sentencing Amendment Act 2004 (2004 No 68).
                    • Section 143(3)(a)(ia): inserted, on , by section 48(1) of the Supreme Court Act 2003 (2003 No 53).
                    • Section 143(3)(a)(ii): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 143(3)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 143(3)(b)(ia): inserted, on , by section 48(1) of the Supreme Court Act 2003 (2003 No 53).
                    • Section 143(3)(b)(ia): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 143(3)(b)(i): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 143(3)(b)(ii): amended, on , by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).
                    • Section 143(3)(c): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).