Plain language law

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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:

“If you hurt someone twice in two years, you must go to jail unless there's a special reason not to.”

If you are found guilty of a crime under section 202A(4)(a) or (b), and you have been found guilty of a similar crime in the last two years, the court must give you a prison sentence. The only exception is if the court thinks there are special reasons about you or what you did that mean you shouldn’t go to prison. When the law talks about a prison sentence, it means the same thing as in section 4(1) of the Sentencing Act 2002.

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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
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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.”

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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 8 Crimes 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).