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Criminal Procedure Act 2011

Appeals - Appeals against conviction - First appeals

236: Confirmation or substitution of sentence for another offence

You could also call this:

"What happens to your sentence if you're found not guilty of one crime but guilty of another?"

Illustration for Criminal Procedure Act 2011

If you appeal against a conviction for one crime, and you are found not guilty of that crime, this section applies. You were convicted of another crime, and the court took the sentence for the first crime into account when sentencing you for the second crime. The court that hears your appeal can decide what happens next with the sentence for the second crime.

The appeal court can choose to keep the original sentence for the second crime, or they can give you a different sentence that is allowed by law. The court can also send your case back to the original court and tell them what to do next, which could be to keep the original sentence or give you a different one.

You can find more information about this by looking at the Criminal Procedure Act 2011, and similar laws such as s 386(1) from 1961.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360406.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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235: Acquittal on account of insanity, or

"Being found not guilty because you were insane when you did something wrong"

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237: Right of appeal against determination of first appeal court, or

"You can appeal again if a higher court says you can, to check if something went wrong."

Part 6Appeals
Appeals against conviction: First appeals

236Confirmation or substitution of sentence for another offence

  1. This section applies if—

  2. a first appeal court allows a convicted person's appeal against conviction for one offence (offence A); and
    1. the sentencing court took the sentence it imposed for offence A into account in imposing sentence for a conviction for a different offence (offence B) and the convicted person remains convicted of offence B.

      1. The first appeal court may—

      2. confirm the trial court’s sentence for offence B; or
        1. substitute any sentence that is allowed by law; or
          1. remit the proceeding to the court that imposed the sentence for offence B and direct that court to take any action of a kind described in paragraph (a) or (b).

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