Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Jurisdiction

10: Offence under more than 1 enactment

You could also call this:

“What happens if you break more than one law at the same time?”

You can be charged with an offence under more than one law. If you do something that breaks the rules in the Crimes Act and another law, you can be charged under either law.

If you do something that breaks the rules in two or more laws that are not the Crimes Act, you can be charged under any one of those laws.

If you do something that breaks the rules in two or more parts of the Crimes Act or any other law, you can be charged under any one of those parts.

However, you cannot be punished twice for the same offence. This means that even if your action breaks multiple laws, you will only be punished once for that specific action.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328049.

Topics:
Crime and justice > Criminal law
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9: Offences not to be punishable except under New Zealand Acts, or

“You can only be punished for breaking New Zealand laws, not laws from other countries or old common laws.”

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10A: Criminal enactments not to have retrospective effect, or

“You can't be punished for something that wasn't against the law when you did it.”

Part 1 Jurisdiction

10Offence under more than 1 enactment

  1. Where an act or omission constitutes an offence under this Act and under any other Act, the offender may be prosecuted and punished either under this Act or under that other Act.

  2. Where an act or omission constitutes an offence under 2 or more Acts other than this Act, the offender may be prosecuted and punished under any one of those Acts.

  3. Where an act or omission constitutes an offence under 2 or more provisions of this Act or of any other Act, the offender may be prosecuted and punished under any one of those provisions.

  4. No one is liable to be punished twice in respect of the same offence.

Compare
  • 1908 No 32 s 6
  • 1924 No 11 s 25(i)
Notes
  • Section 10(4): replaced, on , by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).