New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In sentencing or otherwise dealing with an offender the court must take into account the following aggravating factors to the extent that they are applicable in the case:
(a) that the offence involved actual or threatened violence or the actual or threatened use of a weapon:
(b) that the offence involved unlawful entry into, or unlawful presence in, a dwelling place:
(c) that the offence was committed while the offender was on bail or still subject to a sentence:
(d) the extent of any loss, damage, or harm resulting from the offence:
(e) particular cruelty in the commission of the offence:
(f) that the offender was abusing a position of trust or authority in relation to the victim:
(g) that the victim was particularly vulnerable because of his or her age or health or because of any other factor known to the offender:
(h) that the offender committed the offence partly or wholly because of hostility towards a group of persons who have an enduring common characteristic such as race, colour, nationality, religion, gender identity, sexual orientation, age, or disability; and
(i) the hostility is because of the common characteristic; and
(ii) the offender believed that the victim has that characteristic:
(ha) that the offence was committed as part of, or involves, a terrorist act (as defined in section 5(1) of the Terrorism Suppression Act 2002):
(i) premeditation on the part of the offender and, if so, the level of premeditation involved:
(j) the number, seriousness, date, relevance, and nature of any previous convictions of the offender and of any convictions for which the offender is being sentenced or otherwise dealt with at the same time.
(2) In sentencing or otherwise dealing with an offender the court must take into account the following mitigating factors to the extent that they are applicable in the case:
(a) the age of the offender:
(b) whether and when the offender pleaded guilty:
(c) the conduct of the victim:
(d) that there was a limited involvement in the offence on the offender's part:
(e) that the offender has, or had at the time the offence was committed, diminished intellectual capacity or understanding:
(f) any remorse shown by the offender, or anything as described in section 10:
(g) any evidence of the offender's previous good character.
(3) Despite subsection (2)(e), the court must not take into account by way of mitigation the fact that the offender was, at the time of committing the offence, affected by the voluntary consumption or use of alcohol or any drug or other substance (other than a drug or other substance used for bona fide medical purposes).
(4) Nothing in subsection (1) or subsection (2)—
(a) prevents the court from taking into account any other aggravating or mitigating factor that the court thinks fit; or
(b) implies that a factor referred to in those subsections must be given greater weight than any other factor that the court might take into account.
Compare: 1985 No 120 s 12A
Section 9(1)(ha): inserted, on 31 October 2003, by section 3 of the Sentencing Amendment Act 2003 (2003 No 109).