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Sentencing Act 2002

Sentencing purposes and principles, and provisions of general application - Additional aggravating factors in cases involving violence against, or neglect of, child under 14 years

9A: Cases involving violence against, or neglect of, child under 14 years

You could also call this:

"Hurting or neglecting a child under 14: what the court thinks about"

Illustration for Sentencing Act 2002

When you are in court for hurting or neglecting a child under 14 years old, the court has to think about some important factors. The court must consider how defenceless the child was, and if the hurt caused any serious or long-term physical or psychological effects on the child. The court also thinks about if the person who hurt the child was someone the child trusted.

The court looks at if the person who hurt the child tried to stop them from telling anyone about it, or if they tried to hide what they did from the authorities. These factors are extra things the court thinks about, in addition to what they might already consider under section 9. The court does not have to give more importance to these factors than to any other factors they are thinking about.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1780002.

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Part 1Sentencing purposes and principles, and provisions of general application
Additional aggravating factors in cases involving violence against, or neglect of, child under 14 years

9ACases involving violence against, or neglect of, child under 14 years

  1. This section applies if the court is sentencing or otherwise dealing with an offender in a case involving violence against, or neglect of, a child under the age of 14 years.

  2. The court must take into account the following aggravating factors to the extent that they are applicable in the case:

  3. the defencelessness of the victim:
    1. in relation to any harm resulting from the offence, any serious or long-term physical or psychological effect on the victim:
      1. the magnitude of the breach of any relationship of trust between the victim and the offender:
        1. threats by the offender to prevent the victim reporting the offending:
          1. deliberate concealment of the offending from authorities.

            1. The factors in subsection (2) are in addition to any factors the court might take into account under section 9.

            2. Nothing in this section implies that a factor referred to in subsection (2) must be given greater weight than any other factor that the court might take into account.

            Notes
            • Section 9A: inserted, on , by section 4 of the Sentencing (Offences Against Children) Amendment Act 2008 (2008 No 109).