Armed Forces Discipline Act 1971

Jurisdiction of Court Martial and punishment of offenders

79: Court Martial to pass 1 sentence only

You could also call this:

"One sentence for all offences in a Court Martial"

Illustration for Armed Forces Discipline Act 1971

If you are found guilty of more than one offence by the Court Martial, they will give you only one sentence. This sentence can include more than one type of punishment, as listed in the Schedule 2. The Court Martial can consider other offences you admit to when deciding your sentence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM402796.

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78: Jurisdiction of Court Martial, or

"Court Martial has the power to try you for breaking military rules"


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80: Discretion of Court Martial as to punishment, or

"The Court Martial decides your punishment if you are found guilty."

Part 3Jurisdiction of Court Martial and punishment of offenders

79Court Martial to pass 1 sentence only

  1. Where the Court Martial convicts a person of more than 1 offence or, on convicting a person of 1 or more offences, agrees to take other offences which he admits to have committed into consideration when sentencing him, the Court shall pass only 1 sentence in respect of all the offences of which he has been convicted (including any offences which he has admitted):

    provided that the sentence may, subject to the provisions of this Act, include more than 1 of the punishments prescribed by Schedule 2.

Notes
  • Section 79 heading: amended, on , by section 23(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
  • Section 79: amended, on , by section 23(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
  • Section 79: amended, on , by section 23(3) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).