Introduction
The Sentencing Act 2002 outlines the principles and purposes of sentencing. These are outlined below.
Purpose of sentencing
The purpose of sentencing an offender may be one or more of the following:
- to hold the offender accountable for the harm done to the victim and the community by their offending
- to promote in the offender a sense of responsibility for, and an acknowledgement of, that harm
- to provide for the interests of the victim(s) of the offence
- to provide reparation for harm done by the offending
- to denounce the conduct in which the offender was involved
- to deter the offender, or other persons, from committing the same or similar offences
- to protect the community from the offender, and
- to assist in the offender's rehabilitation and reintegration.
Note: Different sentences are used to address different purposes. For example, community detention (CD) is to be used to address only a specified number of the available purposes of sentencing.
Legislative reference: Section 7 Sentencing Act 2002 outlines the purposes of sentencing.
Principles of sentencing
In sentencing an offender, the court must take into account of the principles of sentencing. These are:
- the gravity of the offending in the particular case, including the degree of culpability of the offender
- the seriousness of the type of offence in comparison with other types of offenders, as indicated by the maximum penalties prescribed for the offence
- maximum penalties prescribed for the offence if the offending is within the most serious of cases for which the penalty is prescribed, unless circumstances relating to the offender make it inappropriate
- the general desirability of consistency with appropriate sentencing levels, and other means of dealing with offenders, in respect of similar offenders committing similar offences in similar circumstances
- any information provided to the court, concerning the effect of the offending on the victim
- must impose the least restrictive outcome that is appropriate in the circumstances in accordance with the hierarchy of sentences and order
- where a particular circumstance of the offender means that a sentence, or any other means of dealing with the offender, that would otherwise be appropriate is, in the particular instance, disproportionately severe
- the offender's personal, family, whanau, community and cultural background in imposing a sentence, or other means of dealing with the offender, within a partly or wholly rehabilitative purpose, and
- any outcomes of restorative justice processes that have occurred, or that the court is satisfied are likely to occur, in relation to the particular case, including, without limitation, any offer, agreement, response or measure to make amends.
Legislative reference: Section 8 Sentencing Act 2002.
