New Zealand Legislation: Acts

9D Term of sentence passed under sections 9AB, 9AC, and 9B

• (1) The term of any sentence passed by the court under section 9AB, 9AC, or 9B shall, unless the court otherwise directs, begin to run from the time from which it would have begun to run if it had been passed in the proceedings from which the appeal was brought.

  (2) A sentence passed by the court under section 9AB, 9AC, or 9B is deemed to be a sentence passed by the Court Martial for the purposes of the Armed Forces Discipline Act 1971.

  (3) Except in a case to which subsection (4) applies, where the court substitutes a sentence of imprisonment or of detention for the sentence of imprisonment or of detention passed by the Court Martial, the term of the substituted sentence shall be deemed to have commenced or shall commence on the date when the term of the original sentence commenced or would have commenced.

  (4) Where—

  • (a) a sentence of imprisonment or of detention passed by the Court Martial was directed to be cumulative on any earlier sentence; and

  • (b) the court substitutes a sentence of imprisonment or of detention for the sentence of imprisonment or of detention passed by the Court Martial, but does not direct the sentence to be cumulative on the earlier sentence referred to in paragraph (a),—

  the term of the substituted sentence shall be deemed to have commenced or shall commence on the date when the sentence passed by the Court Martial would have commenced had that sentence not been directed to be cumulative on the earlier sentence.

  (5) Where—

  • (a) a sentence of imprisonment or of detention passed by the Court Martial is directed to be cumulative on any earlier sentence of imprisonment or of detention; and

  • (b) the court substitutes a sentence other than one of imprisonment or of detention for that earlier sentence,—

  the sentence passed by the Court Martial shall commence when the earlier sentence would have commenced.

  Section 9D: inserted, on 1 December 1983, by section 208(1) of the Armed Forces Discipline Act 1971 (1971 No 53).

  Section 9D heading: amended, on 1 July 2009, by section 13(1) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  Section 9D(1): amended, on 1 July 2009, by section 13(2) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  Section 9D(2): substituted, on 1 July 2009, by section 13(3) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  Section 9D(3): added, on 1 January 1986, by section 2 of the Courts Martial Appeals Amendment Act 1985 (1985 No 200).

  Section 9D(3): amended, on 1 July 2009, by section 13(4)(a) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  Section 9D(4): added, on 1 January 1986, by section 2 of the Courts Martial Appeals Amendment Act 1985 (1985 No 200).

  Section 9D(4): amended, on 1 July 2009, by section 13(4)(b) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  Section 9D(4)(a): amended, on 1 July 2009, by section 13(4)(a) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  Section 9D(4)(b): amended, on 1 July 2009, by section 13(4)(b) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  Section 9D(5): added, on 1 January 1986, by section 2 of the Courts Martial Appeals Amendment Act 1985 (1985 No 200).

  Section 9D(5): amended, on 1 July 2009, by section 13(4)(b) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  Section 9D(5)(a): amended, on 1 July 2009, by section 13(4)(a) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).