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Sentencing Act 2002

Sentencing purposes and principles, and provisions of general application - Taking account of instrument forfeiture order or successful application for relief

10B: Court must take into account instrument forfeiture order or successful application for relief

You could also call this:

"The court must consider taking away property used in a crime and helping those affected when deciding a sentence."

Illustration for Sentencing Act 2002

When you are found guilty of a crime and the court is deciding your sentence, the court must think about some things. The court must consider any orders to take away property that was used to commit the crime. The court must also think about any orders to help someone else who was affected by the crime, which can be made under section 142L or section 142M.

When the court is deciding how important these things are, it must think about the value of the property and how much the offender owned it. The court must also consider the relationship between the offender and the other person affected by the crime. The court will think about how much the offender will benefit from any orders to help the other person.

The court can delay the sentencing until any property that must be given up is handed over or until any appeals about the orders are finished, which might be under the Criminal Proceeds (Recovery) Act 2009. This means the court can wait until everything is sorted out before making a decision about your sentence. The court wants to make sure it has all the information it needs to make a fair decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2601230.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal helpCrime and justice > Victim support
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Part 1Sentencing purposes and principles, and provisions of general application
Taking account of instrument forfeiture order or successful application for relief

10BCourt must take into account instrument forfeiture order or successful application for relief

  1. In sentencing or otherwise dealing with an offender convicted of a qualifying instrument forfeiture offence, the court must take into account—

  2. any instrument forfeiture order made, or to be made, in respect of property used to commit, or to facilitate the commission of, the qualifying instrument forfeiture offence:
    1. any forfeiture of that property by any other order or means arising from the offender’s conviction:
      1. any order for relief made under section 142L or 142M in favour of another person in respect of property used to commit, or to facilitate the commission of, the qualifying instrument forfeiture offence:
        1. the nature of the relationship between that person and the offender:
          1. the likely benefit to the offender of any order referred to in paragraph (c).

            1. In deciding the weight to be given to any matter referred to in subsection (1)(a), (b), or (d), the court must take into account—

            2. the value of the property that is the subject of the instrument forfeiture order or that is otherwise forfeited:
              1. the nature and extent of the offender’s interest in that property.

                1. Without limiting any other powers of a court to adjourn, in any case contemplated by this section a court may adjourn the proceedings until—

                2. any property that is the subject of a forfeiture order has been surrendered to the Official Assignee; or
                  1. any appeal or application for relief in relation to an instrument forfeiture order or any other proceeding under the Criminal Proceeds (Recovery) Act 2009 has been determined.

                    Notes
                    • Section 10B: inserted, on , by section 7 of the Sentencing Amendment Act 2009 (2009 No 10).