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Sentencing Act 2002

Sentences, orders, and related matters - Imprisonment - Additional consequences for certain repeated offending

86T: Guidance on application of manifestly unjust exception in certain provisions

You could also call this:

"Guidance on when a sentence might be too unfair for you"

Illustration for Sentencing Act 2002

When a court is deciding if it would be very unfair to give you a certain sentence or make a certain order under sections like section 86O(2), 86P(2), 86R(2), (3), or (6), or 86S(2), they have to think about some important things. They must think about telling you that what you did was wrong, stopping you or others from doing the same thing again, and keeping the community safe from you. The court also has to think about whether giving you the sentence or order would be very unfair, and they cannot decide it is unfair just because some things might make your situation less serious, like the factors listed in section 9(2), unless it would be very out of proportion.

The court can still think about those factors that might make your situation less serious when deciding if the sentence or order would be very unfair. They just cannot use those factors as the only reason to say it is unfair, unless it would be very out of proportion. You should know that the court has to consider all the important things when making their 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=LMS1448084.

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Part 2Sentences, orders, and related matters
Imprisonment: Additional consequences for certain repeated offending

86TGuidance on application of manifestly unjust exception in certain provisions

  1. This section applies to a court when determining whether it would be manifestly unjust to impose a sentence, or make an order, under section 86O(2), 86P(2), 86R(2), (3), or (6), or 86S(2).

  2. The court must give particular consideration to—

  3. denouncing the conduct in which the offender was involved; and
    1. deterring the offender or other persons from committing the same or a similar offence; and
      1. protecting the community from the offender.

        1. The court must not determine that imposing the sentence or making the order would be manifestly unjust merely because—

        2. any 1 or more of the mitigating factors listed in section 9(2) are applicable in the case; or
          1. it would be disproportionate, unless it would be grossly disproportionate.

            1. Nothing in subsection (3) prevents the court from taking into account the mitigating factors listed in section 9(2), to the extent that they are applicable in the case, when determining whether imposing the sentence or making the order would be manifestly unjust.

            Notes
            • Section 86T: inserted, on , by section 7 of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).