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Films, Videos, and Publications Classification Act 1993

Offences - Offences involving objectionable or restricted publications

132B: Presumption of imprisonment for repeat offenders

You could also call this:

"Breaking the law about objectionable publications again usually means you will go to prison."

Illustration for Films, Videos, and Publications Classification Act 1993

You commit a repeat offence if you break the law about objectionable publications again. This law applies if you have already been convicted of a similar offence. The court looks at what the publication does, as stated in section 132A(1)(a) to (e) and section 132A(2)(a) to (c). You will usually go to prison for the repeat offence. The court decides this based on the Sentencing Act 2002. They consider the circumstances of the offence and your circumstances, including your age if you are under 20. The court must follow this law when deciding your sentence. They must consider any decisions made by the Classification Office, as stated in section 38 and section 55. They also consider reports from the Classification Office, as stated in section 29(1), section 41(3), and section 30. This law overrides other laws in the Sentencing Act 2002. It applies to the repeat offence, as stated in the Sentencing Act 2002. The court's decision is based on your individual circumstances and the circumstances of the offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6469210.

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Topics:
Crime and justice > Criminal law
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132A: Aggravating factor to be taken into account in sentencing, etc, for certain publications offences, or

"The court must consider what makes a crime worse when sentencing for certain publication offences."

Next

132C: Offence to livestream objectionable content or share objectionable livestreamed content, or

"It's against the law to livestream or share bad content that can harm people."

Part 8Offences
Offences involving objectionable or restricted publications

132BPresumption of imprisonment for repeat offenders

  1. This section applies only to an offender who—

  2. has been convicted of and is to be sentenced in respect of a specified publications offence committed after the commencement of this section (the repeat offence); and
    1. before the repeat offence was committed and the conviction for it was entered, had both committed and been convicted of 1 or more specified publications offences committed before or after that commencement.

      1. An offence is a specified publications offence for the purposes of subsection (1) only if—

      2. the offence is one against a provision specified in section 132A(1)(a) to (e); and
        1. the publication that was the subject of the offence does (to any extent) any or all of the things specified in section 132A(2)(a) to (c).

          1. In deciding for the purposes of subsection (2)(b) whether a publication is objectionable because it does (to any extent) any or all of the things specified in section 132A(2)(a) to (c), the court must have regard,—

          2. if there is a subsisting decision of the Classification Office, or of the Board, to the reasons for the decision given by the Classification Office, under section 38, or by the Board, under section 55; and
            1. if the publication has been referred to the Classification Office under section 29(1) or section 41(3), to the report provided by the Classification Office to the court under section 30.

              1. The offender must be sentenced for the repeat offence to a sentence of imprisonment (within the meaning of the Sentencing Act 2002) unless the court considers that the offender should not be so sentenced, having regard to—

              2. the particular circumstances of the repeat offence; and
                1. the particular circumstances of the offender (including, without limitation, his or her age if he or she is under 20 years of age).

                  1. This section overrides, as they apply to the repeat offence, all inconsistent provisions in the Sentencing Act 2002.

                  Notes
                  • Section 132B: inserted, on , by section 7 of the Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015 (2015 No 42).