Sentencing

New Zealand courts generally work through a hierarchy of sentencing options, starting with the least restrictive and moving toward the most restrictive as the seriousness of the offending increases:

• Discharge without conviction
• Fine
• Community-based sentences, such as community work or supervision
• Home detention
• Imprisonment

Home detention is a sentence option frequently sought by those seeking to avoid imprisonment. It is only available where the Court would otherwise impose a short-term sentence of imprisonment, defined as two years or less, and remains a discretionary matter for the sentencing Judge based on a range of factors, including the availability of a suitable address and the offender's history.

A discharge without conviction, available under section 106 of the Sentencing Act 2002, means that despite a guilty plea or finding of guilt, no conviction is entered. The Court applies a three-step test, considering the gravity of the offending, the direct and indirect consequences of a conviction, and whether those consequences would be out of all proportion to the gravity of the offence.

Sentencing outcomes depend on a wide range of factors, including the seriousness and circumstances of the offending, any aggravating or mitigating features, the offender's previous history, whether an early guilty plea was entered, and any evidence of rehabilitation or genuine remorse.

A well-prepared sentencing submission, supported by the right evidence and references, can make a meaningful difference to the outcome. Early preparation allows time to gather supporting material and properly address each of the factors the Court will weigh.