If the offender has offered or agreed to make amends, the court must take this into account when deciding on the sentence. It may adjourn to allow compensation to be paid or other action to be taken.
Factors to consider
When sentencing an offender, the court must take the following into account:
- any offer of amends, whether financial or by means of performing any work/service, made by or on behalf of the offender to the victim
- any agreement between the offender and the victim as to how the offender may remedy the wrong, loss or damage caused by the offender, or ensure that the offending will not continue or recur
- the response of the offender or the offender's family, whanau, or family group to the offending
- any measures taken or proposed to be taken by the offender, or the family, whanau or family group of the offender to:
- make compensation to or apologise to any victim of the offending or family, whanau, or family group of the victim
- apologise to any victim of the offending or family, whanau, or family group of the victim, or
- otherwise make good the harm that has occurred, and
- any remedial action, or proposed action, by the offender in relation to the circumstances of the offending.
Legislative reference: Section 10 Sentencing Act 2002.
Genuine and acceptable
In deciding whether and to what extent any offer, agreement, response or measure should be taken into account, the court must decide whether:
- it was genuine and capable of fulfilment, and
- it has been accepted by the victim as expiating or mitigating the wrong.
If the court determines that despite any offer or agreement, another sentence must be imposed, then the court must take the offer or agreement into account when determining the appropriate sentence.
