Taking into account offer or agreement to make amends

10 Court must take into account offer, agreement, response, or measure to make amends
  • (1) In sentencing or otherwise dealing with an offender the court must take into account—

    • (a) any offer of amends, whether financial or by means of the performance of any work or service, made by or on behalf of the offender to the victim:

    • (b) 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:

    • (c) the response of the offender or the offender's family, whanau, or family group to the offending:

    • (d) any measures taken or proposed to be taken by the offender or the family, whanau, or family group of the offender to—

      • (i) make compensation to any victim of the offending or family, whanau, or family group of the victim; or

      • (ii) apologise to any victim of the offending or family, whanau, or family group of the victim; or

      • (iii) otherwise make good the harm that has occurred:

    • (e) any remedial action taken or proposed to be taken by the offender in relation to the circumstances of the offending.

    (2) In deciding whether and to what extent any matter referred to in subsection (1) should be taken into account, the court must take into account—

    • (a) whether or not it was genuine and capable of fulfilment; and

    • (b) whether or not it has been accepted by the victim as expiating or mitigating the wrong.

    (3) If a court determines that, despite an offer, agreement, response, measure, or action referred to in subsection (1), it is appropriate to impose a sentence, it must take that offer, agreement, response, measure, or action into account when determining the appropriate sentence for the offender.

    (4) Without limiting any other powers of a court to adjourn, in any case contemplated by this section a court may adjourn the proceedings until—

    • (a) compensation has been paid; or

    • (b) the performance of any work or service has been completed; or

    • (c) any agreement between the victim and the offender has been fulfilled; or

    • (d) any measure proposed under subsection (1)(d) has been completed; or

    • (e) any remedial action referred to in subsection (1)(e) has been completed.

    Compare: 1985 No 120 s 12