to set out the purposes for which offenders may be sentenced or otherwise dealt with; and

to promote those purposes, and aid in the public’s understanding of sentencing practices, by providing principles and guidelines to be applied by courts in sentencing or otherwise dealing with offenders; and

to provide a sufficient range of sentences and other means of dealing with offenders; and

to provide for the interests of victims of crime.

an offender is subject to a sentence of imprisonment until the sentence expires (in accordance with sections 82 and 83 of the Parole Act 2002):

an offender is subject to a sentence of home detention from the date the sentence commences in accordance with section 80W, 80X, or 80Y until the sentence ends in accordance with section 80Z, except when the sentence is suspended under section 80ZG(2):

except as provided in paragraph (c), an offender is subject to a sentence of community work from the date that the sentence commences in accordance with section 75, 75A, or 76 until the date that it expires in accordance with section 75A:

except as provided in paragraph (c), an offender is subject to a sentence of community detention from the date that the sentence commences in accordance with section 75, 75B, or 76 until the date that it expires:

an offender is not subject to a community-based sentence during any period that the community-based sentence is suspended under section 78(2)(a) or section 78(7).

means dealing with the offender in relation to an offence following a finding of guilt or a plea of guilty, instead of imposing a sentence; and

to avoid doubt, does not include dealing with a person for non-payment of a sum of money, disobedience of a court order, or contempt of court.

to hold the offender accountable for harm done to the victim and the community by the offending; or

to promote in the offender a sense of responsibility for, and an acknowledgment of, that harm; or

to provide for the interests of the victim of the offence; or

to provide reparation for harm done by the offending; or

to denounce the conduct in which the offender was involved; or

to deter the offender or other persons from committing the same or a similar offence; or

to protect the community from the offender; or

to assist in the offender’s rehabilitation and reintegration; or

a combination of 2 or more of the purposes in paragraphs (a) to (h).

must take into account the gravity of the offending in the particular case, including the degree of culpability of the offender; and

must take into account the seriousness of the type of offence in comparison with other types of offences, as indicated by the maximum penalties prescribed for the offences; and

must impose the maximum penalty prescribed for the offence if the offending is within the most serious of cases for which that penalty is prescribed, unless circumstances relating to the offender make that inappropriate; and

must impose a penalty near to the maximum prescribed for the offence if the offending is near to the most serious of cases for which that penalty is prescribed, unless circumstances relating to the offender make that inappropriate; and

must take into account the general desirability of consistency with appropriate sentencing levels and other means of dealing with offenders in respect of similar offenders committing similar offences in similar circumstances; and

must take into account any information provided to the court concerning the effect of the offending on the victim; and

must impose the least restrictive outcome that is appropriate in the circumstances, in accordance with the hierarchy of sentences and orders set out in section 10A; and

must take into account any particular circumstances of the offender that mean that a sentence or other means of dealing with the offender that would otherwise be appropriate would, in the particular instance, be disproportionately severe; and

must take into account the offender’s personal, family, whanau, community, and cultural background in imposing a sentence or other means of dealing with the offender with a partly or wholly rehabilitative purpose; and

must take into account any outcomes of restorative justice processes that have occurred, or that the court is satisfied are likely to occur, in relation to the particular case (including, without limitation, anything referred to in section 10).

that the offence involved actual or threatened violence or the actual or threatened use of a weapon:

that the offence involved unlawful entry into, or unlawful presence in, a dwelling place:

that the offence was committed while the offender was on bail or still subject to a sentence:

that the offence was a family violence offence (as defined in section 123A) committed—

the extent of any loss, damage, or harm resulting from the offence:

particular cruelty in the commission of the offence:

that the offender was abusing a position of trust or authority in relation to the victim:

that the victim was a constable, or a prison officer, acting in the course of his or her duty:

that the victim was an emergency health or fire services provider acting in the course of his or her duty at the scene of an emergency:

that the victim was particularly vulnerable because of his or her age or health or because of any other factor known to the offender:

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

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):

the nature and extent of any connection between the offending and the offender’s—

premeditation on the part of the offender and, if so, the level of premeditation involved:

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:

any failure by the offender personally (or failure by the offender’s lawyer arising out of the offender’s instructions to, or failure or refusal to co-operate with, his or her lawyer) to comply with a procedural requirement that, in the court’s opinion, has done either or both of the following:

the age of the offender:

whether and when the offender pleaded guilty:

the conduct of the victim:

that there was a limited involvement in the offence on the offender’s part:

that the offender has, or had at the time the offence was committed, diminished intellectual capacity or understanding:

any remorse shown by the offender, or anything as described in section 10:

that the offender has taken steps during the proceedings (other than steps to comply with procedural requirements) to shorten the proceedings or reduce their cost:

any adverse effects on the offender of a delay in the disposition of the proceedings caused by a failure by the prosecutor to comply with a procedural requirement:

any evidence of the offender’s previous good character:

that the offender spent time on bail with an EM condition as defined in section 3 of the Bail Act 2000.

the period of time that the offender spent on bail with an EM condition; and

the relative restrictiveness of the EM condition, particularly the frequency and duration of the offender’s authorised absences from the electronic monitoring address; and

the offender’s compliance with the bail conditions during the period of bail with an EM condition; and

any other relevant matter.

prevents the court from taking into account any other aggravating or mitigating factor that the court thinks fit; or

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.

ambulance services, first aid, or medical or paramedical care:

services provided by or on behalf of Fire and Emergency New Zealand to save life, prevent serious injury, or avoid damage to property.

the Criminal Procedure Act 2011; or

any rules of court or regulations made under that Act; or

the Criminal Disclosure Act 2008 or any regulations made under that Act.

the defencelessness of the victim:

in relation to any harm resulting from the offence, any serious or long-term physical or psychological effect on the victim:

the magnitude of the breach of any relationship of trust between the victim and the offender:

threats by the offender to prevent the victim reporting the offending:

deliberate concealment of the offending from authorities.

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:

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:

the response of the offender or the offender’s family, whanau, or family group to the offending:

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

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

whether or not it was genuine and capable of fulfilment; and

whether or not it has been accepted by the victim as expiating or mitigating the wrong.

compensation has been paid; or

the performance of any work or service has been completed; or

any agreement between the victim and the offender has been fulfilled; or

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

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

discharge or order to come up for sentence if called on:

sentences of a fine and reparation:

community-based sentences of community work and supervision:

community-based sentences of intensive supervision and community detention:

sentence of home detention:

sentence of imprisonment.

any instrument forfeiture order made, or to be made, in respect of property used to commit, or to facilitate the commission of, the qualifying instrument forfeiture offence:

any forfeiture of that property by any other order or means arising from the offender’s conviction:

any order for relief made under section 142L or 142M in favour of another person in respect of property used to commit, or to facilitate the commission of, the qualifying instrument forfeiture offence:

the nature of the relationship between that person and the offender:

the likely benefit to the offender of any order referred to in paragraph (c).

the value of the property that is the subject of the instrument forfeiture order or that is otherwise forfeited:

the nature and extent of the offender’s interest in that property.

any property that is the subject of a forfeiture order has been surrendered to the Official Assignee; or

any appeal or application for relief in relation to an instrument forfeiture order or any other proceeding under the Criminal Proceeds (Recovery) Act 2009 has been determined.

discharging the offender without conviction under section 106; or

convicting and discharging the offender under section 108; or

convicting the offender and ordering the offender, under section 110, to come up for sentence if called on.

despite subsection (1), a court is not obliged to consider whether the offender would be more appropriately dealt with in the manner described in any of paragraphs (a), (b), or (c) of that subsection; but

the court is not precluded from dealing with the offender in that manner if the court thinks that it is appropriate in the circumstances.

the court is satisfied that the purpose or purposes for which sentence is being imposed cannot be achieved by imposing a fine; or

the court is satisfied that the application of any of the principles in section 8 to the particular case make a fine inappropriate; or

any provision applicable to the particular offence in this or any other enactment provides a presumption in favour of imposing any other sentence or requires the court to impose any other sentence; or

the court is satisfied that a fine, on its own or in addition to a sentence of reparation, would otherwise be clearly inadequate in the circumstances.

the court, in accordance with section 13, does not regard a fine as the appropriate sentence; or

the court is not going to impose a fine because of either of the circumstances referred to in section 14.

provides a presumption in favour of or against imposing a particular sentence in relation to a particular offence; or

requires a court to impose a particular sentence in relation to a particular offence.

the court is satisfied that the purpose or purposes for which sentence is being imposed cannot be achieved by any less restrictive sentence or combination of sentences; and

the court would otherwise sentence the offender to a short-term sentence of imprisonment.

provides a presumption in favour of or against imposing a sentence of home detention in relation to a particular offence; or

requires a court to impose a sentence of imprisonment in relation to a particular offence.

a sentence is being imposed for all or any of the purposes in section 7(1)(a) to (c), (e), (f), or (g); and

those purposes cannot be achieved by a sentence other than imprisonment; and

no other sentence would be consistent with the application of the principles in section 8 to the particular case.

provides a presumption in favour of or against imposing a sentence of imprisonment in relation to a particular offence; or

requires a court to impose a sentence of imprisonment in relation to a particular offence.

the purpose or purposes for which sentence is imposed; or

the application of the principles in section 8 to the particular case.

a sentence of community work is appropriate; but

the offender requires the imposition of standard conditions or any of the special conditions available under a sentence of supervision or intensive supervision to address the causes of his or her offending.

impose a sentence that would be permitted in combination with the first sentence under section 19; or

defer the commencement of the second sentence until the first sentence has been served; or

cancel the first sentence; or

cancel the first sentence and substitute any other sentence that could have been imposed on the offender at the time when the offender was convicted of the offence for which the sentence was imposed so that the sentences are a permitted combination of sentences under section 19.

must not cancel a first sentence under subsection (2)(c) or (d) if that sentence has been imposed by a higher court; and

if it considers the first sentence should be cancelled, must refer the matter to the court that imposed the first sentence.

review the suitability of the home detention residence or curfew address; and

ensure every relevant occupant consents, in accordance with section 26A(3), to the offender resuming the sentence at the home detention residence or curfew address; and

if necessary, apply to the court for a variation or cancellation of the sentence under section 69I or 80F or obtain from the chief executive of the Department of Corrections a variation of the curfew address or home detention residence under section 69JA or 80FA.

empowers a court to impose any sentence that it would not otherwise be empowered to impose; or

limits the power of a court to make any order that it is empowered to make on the conviction of any person, whether under this or any other enactment.

may accept as proved any fact that was disclosed by evidence at the trial and any facts agreed on by the prosecutor and the offender; and

must accept as proved all facts, express or implied, that are essential to a plea of guilty or a finding of guilt.

the court must indicate to the parties the weight that it would be likely to attach to the disputed fact if it were found to exist, and its significance to the sentence or other disposition of the case:

if a party wishes the court to rely on that fact, the parties may adduce evidence as to its existence unless the court is satisfied that sufficient evidence was adduced at the trial:

the prosecutor must prove beyond a reasonable doubt the existence of any disputed aggravating fact, and must negate beyond a reasonable doubt any disputed mitigating fact raised by the defence (other than a mitigating fact referred to in paragraph (d)) that is not wholly implausible or manifestly false:

the offender must prove on the balance of probabilities the existence of any disputed mitigating fact that is not related to the nature of the offence or to the offender’s part in the offence:

either party may cross-examine any witness called by the other party.

an offender appears before the District Court at any time before sentencing; and

the offender has pleaded guilty to the offence; and

there are 1 or more victims of the offence; and

no restorative justice process has previously occurred in relation to the offending; and

the Registrar has informed the court that an appropriate restorative justice process can be accessed.

enable inquiries to be made by a suitable person to determine whether a restorative justice process is appropriate in the circumstances of the case, taking into account the wishes of the victims; and

enable a restorative justice process to occur if the inquiries made under paragraph (a) reveal that a restorative justice process is appropriate in the circumstances of the case.

to enable inquiries to be made or to determine the most suitable method of dealing with the case:

to enable a restorative justice process to occur, or to be completed:

to enable a restorative justice agreement to be fulfilled:

to enable a rehabilitation programme or course of action to be undertaken:

to determine whether to impose an instrument forfeiture order and, if so, the terms of that order:

to enable the court to take account of the offender’s response to any process, agreement, programme, or course of action referred to in paragraph (b), (c), or (d).

information regarding the personal, family, whanau, community, and cultural background, and social circumstances of the offender:

information regarding the factors contributing to the offence, and the rehabilitative needs of the offender:

information regarding any offer, agreement, response, or measure of a kind referred to in section 10(1) or the outcome of any other restorative justice processes that have occurred in relation to the case:

recommendations on the appropriate sentence or other disposition of the case, taking into account the risk of further offending by the offender:

in the case of a proposed sentence of supervision, intensive supervision, or home detention, recommendations on the appropriate conditions of that sentence:

in the case of a proposed sentence of supervision, intensive supervision, or home detention involving 1 or more programmes,—

in the case of a proposed sentence of supervision, intensive supervision, or home detention involving a special condition requiring the offender to take prescription medication, confirmation that the offender—

in the case of a proposed sentence of community work,—

in the case of a proposed sentence of intensive supervision or possible release conditions for a proposed sentence of imprisonment for 24 months or less, the opinion of the chief executive of the Department of Corrections as to whether—

any particular item of information sought by the court; or

any alternative sentence or other mode of disposition that may be considered by the court if it appears that the sentence or other mode of disposition under consideration is inappropriate.

information regarding the suitability of the proposed curfew address or home detention residence, including the safety and welfare of the occupants of the proposed curfew address or home detention residence; and

in the case of a sentence of community detention, confirmation that the offender consents to the conditions of the sentence and the proposed curfew period; and

in the case of a sentence of home detention, confirmation that the offender consents to the standard detention conditions and any special conditions recommended by the probation officer or that the court has indicated it is considering imposing.

ensure that every relevant occupant of the proposed curfew address or home detention residence, as the case may be, is aware of the nature of the offender’s past and current offending; and

tell every relevant occupant that the reason for giving that information is to enable the occupant to make an informed decision about whether to consent to the offender remaining at the curfew address during the curfew period, or at the home detention residence while serving the sentence of home detention, as the case may be; and

tell every relevant occupant that the information provided about the offender must not be used for any purpose other than that described in paragraph (b); and

obtain the consent of every relevant occupant to the offender remaining at the curfew address during the curfew period, or at the home detention residence while serving the sentence of home detention, as the case may be; and

inform every relevant occupant that they may withdraw their consent, at any time, to the offender serving the sentence at the curfew address or in the home detention residence, as the case may be.

in relation to a residence that the probation officer is considering as a home detention residence,—

in relation to an address that the probation officer is considering as a curfew address,—

the personal, family, whanau, community, and cultural background of the offender:

the way in which that background may have related to the commission of the offence:

any processes that have been tried to resolve, or that are available to resolve, issues relating to the offence, involving the offender and his or her family, whanau, or community and the victim or victims of the offence:

how support from the family, whanau, or community may be available to help prevent further offending by the offender:

how the offender’s background, or family, whanau, or community support may be relevant in respect of possible sentences.

except as provided in subsection (2), to the offender; and

if the offender is represented, to the offender’s counsel, whether or not an order is made under subsection (2).

the manager or other person in charge of a prison to which the offender is sent, whether during any proceedings or in accordance with any sentence imposed:

a Director of Area Mental Health Services, or a staff member of a hospital, who requires access to the report for the purposes of his or her official duties:

a compulsory care co-ordinator, or a staff member of a facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, who requires access to the report for the purposes of his or her official duties:

an officer or employee of the Department of Corrections or the Ministry of Justice, or a staff member of a prison, who requires access to the report for the purposes of his or her official duties:

a member of the New Zealand Parole Board:

the prosecutor appearing on sentence or on appeal against sentence.

was informed of his or her rights relating to legal representation, including, where appropriate, the right to apply for legal aid under the Legal Services Act 2011; and

fully understood those rights; and

had the opportunity to exercise those rights; and

refused or failed to exercise those rights, or engaged counsel but subsequently dismissed him or her.

quash the sentence imposed and impose in substitution for it any other lawful sentence that the court thinks ought to have been imposed; or

quash the conviction and direct a new trial, or make any other order that justice requires.

refuses or fails to apply for legal aid under the Legal Services Act 2011 or applies for it unsuccessfully; and

refuses or fails to engage counsel by other means.

for the imposition of a sentence or for any other means of dealing with the offender; and

for the making of an order under Part 2.