Sentencing Act Purposes and Principles

section 7 and section 8 of sentencing act 2002

Section 7(1)(a)

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

Section 7(1)(b)

to promote in the offender a sense of responsibility for, and acknowledgement of the harm

Section 7(1)(c )

to provide for the interests of the victim of the offence

Section 7(1)(d)

to provide reparation for the harm done by the offending

Section 7(1)(e)

to denounce the conduct in which the offender was involved

Section 7(1)(f)

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

Section 7(1)(g)

to protect the community from the offender

Section 7(1)(h)

to assist in the offender’s rehabilitation and reintegration

Section 7(1)(i)

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

Section 7(2)

to avoid any doubt, nothing about the order in which the purposes appear in this section implies that any purpose referred to must be given greater weight that any other purpose referred to.

section 8(a)

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

section 8(b)

must take into account the seriousness of the type of offence in comparison with other types of offences as indicated by the max penalties perscribed

section 8(c )

must impose the maximum penalty prescribed for the offence if the offending is within the most serious of cases for which the penalty is prescribed, unless inappropriate

section 8(d)

must impose a penalty near the maximum prescribed for the offence if the offending is near to the most serious of cases for which the penalty is prescribed

section 8(e)

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

section 8(f)

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

section 8(g)

must impose least restrictive outcome that is appropriate in the circumstances

section 8(h)

must take into account particular circumstances of the offender

section 8(i)

must take into account the offender’s personal, family, whanau, community and cultural background in imposing a sentence

section 8 (j)

must take into account any outcomes of restorative justice processes that have occurred or likely to occur