Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against the person - Assaults and injuries to the person

202BA: Sentencing for second crime against section 202A(4)

You could also call this:

"Going to prison for doing the same serious crime again within two years"

Illustration for Crimes Act 1961

If you are found guilty of a crime against section 202A(4) of the Crimes Act 1961, and you have been guilty of this crime before in the last two years, the court will send you to prison. The court will only not send you to prison if they think there are special reasons why you should not go. These special reasons can be about the crime you committed or about you as a person, and the court must be satisfied that these reasons are valid, as explained in the Sentencing Act 2002.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329722.

Topics:
Crime and justice > Criminal law
Previous

202B: Powers in respect of crime against section 202A, or

"This law used to explain what the police could do when someone hurt another person, but it's not used anymore."

Next

202C: Assault with weapon, or

"Using an object to hurt someone or having something that looks like it might be used to hurt someone during an attack is against the law."

Part 8Crimes against the person
Assaults and injuries to the person

202BASentencing for second crime against section 202A(4)

  1. Where—

  2. any person is convicted of a crime against paragraph (a) or paragraph (b) of section 202A(4); and
    1. that person has previously been convicted on at least 1 occasion within the preceding 2 years of a crime against either of those paragraphs,—
        1. the court shall impose a sentence of imprisonment (within the meaning of section 4(1) of the Sentencing Act 2002) on the offender unless the court is satisfied that, because of the special circumstances of the offence or of the offender, the offender should not be so sentenced.

      Notes
      • Section 202BA: inserted, on , by section 3 of the Crimes Amendment Act (No 2) 1987 (1987 No 167).
      • Section 202BA: amended, on , by section 186 of the Sentencing Act 2002 (2002 No 9).