Additional consequences for repeated serious violent offending

  • Heading: inserted, on 1 June 2010, by section 6(1) of the Sentencing and Parole Reform Act 2010 (2010 No 33).

86A Interpretation
  • In this section and in sections 86B to 86I, unless the context otherwise requires,—

    record of final warning, in relation to an offender, means a record of a warning that the offender has under section 86C(3) or 86E(8)

    record of first warning, in relation to an offender, means a record of a warning that the offender has under section 86B(3)

    serious violent offence means an offence against any of the following provisions of the Crimes Act 1961:

    • (2) section 129 (attempted sexual violation and assault with intent to commit sexual violation):

    • (4) section 131(1) (sexual connection with dependent family member under 18 years):

    • (5) section 131(2) (attempted sexual connection with dependent family member under 18 years):

    • (13) section 138(1) (exploitative sexual connection with person with significant impairment):

    • (14) section 138(2) (attempted exploitative sexual connection with person with significant impairment):

    • (16) section 144A (sexual conduct with children and young people outside New Zealand):

    • (19) section 174 (counselling or attempting to procure murder):

    • (22) section 188(1) (wounding with intent to cause grievous bodily harm):

    • (24) section 189(1) (injuring with intent to cause grievous bodily harm):

    • (27) section 198(1) (discharging firearm or doing dangerous act with intent to do grievous bodily harm):

    • (28) section 198(2) (discharging firearm or doing dangerous act with intent to injure):

    • (29) section 198A(1) (using firearm against law enforcement officer, etc):

    • (30) section 198A(2) (using firearm with intent to resist arrest or detention):

    • (32) section 200(1) (poisoning with intent to cause grievous bodily harm):

    • (34) section 208 (abduction for purposes of marriage or sexual connection):

    • (39) section 236(1) (causing grievous bodily harm with intent to rob or assault with intent to rob in specified circumstances):

    stage-1 offence means an offence that—

    • (a) is a serious violent offence; and

    • (b) was committed by an offender at a time when the offender—

      • (i) did not have a record of first warning given under section 86B; and

      • (ii) was 18 years of age or over

    stage-2 offence means an offence that—

    • (a) is a serious violent offence; and

    • (b) was committed by an offender at a time when the offender had a record of first warning (in relation to 1 or more offences) but did not have a record of final warning

    stage-3 offence means an offence that—

    • (a) is a serious violent offence; and

    • (b) was committed by an offender at a time when the offender had a record of final warning (in relation to 1 or more offences).

    Section 86A: inserted, on 1 June 2010, by section 6(1) of the Sentencing and Parole Reform Act 2010 (2010 No 33).