New Zealand Law/Criminal/Sentencing
Statutory Provisions
[edit | edit source]Definitions
[edit | edit source]Aggravating Factor: one which would justify a greater penalty if the court accepts it as a factor.
Mitigating Factor: one which would justify a lesser penalty if the court accepts it as a factor.
Supervision sentence: 6 mths to 1 year.
Community work: 40 to 400 hrs.
Cases
[edit | edit source]R v Taueki
[edit | edit source]- Facts
- Charged with myriad of assaults. Plead guilty. Appealed sentence.
- Held
- Aggravating factors:
- - extreme violence
- - premeditation
- - serious injury
- - weapons
- - attacking head
- - facilitation of crime
- - perverting the course of justice
- - multiple attackers
- - vulnerability of the victim
- - home invasion
- - gang warfare
- - victim is public official
- - vigilante action
- - hate crime
- Mitigating factors
- - provocation
- - excessive self-defence
- Factors that should not be seen as reducing seriousness of conduct:
- - domestic situation
- - victim’s plea (for light sentence)
- - intoxication.