Criminal Sentencing Lawyers

A specialisation of Criminal practice area

The criminal practice area in New Zealand focuses on laws that deal with crimes and how offenders are punished. One important part of this area is sentencing, which is about deciding what punishment someone should receive after being found guilty of a crime.

What is Sentencing?

Sentencing is the process where a judge decides the appropriate penalty for a person who has committed a crime. This can include various types of punishments, such as:

• Prison time: The offender may be sent to prison for a certain number of years.
• Community service: The offender may be required to do unpaid work in the community.
• Fines: The offender may have to pay money as a penalty.
• Rehabilitation programmes: The offender may be ordered to attend programmes to help them change their behaviour.

How is Sentencing Decided?

In New Zealand, judges consider several factors when deciding on a sentence. These include:

• The seriousness of the crime: More serious crimes usually lead to harsher sentences. For example, a violent crime may result in a longer prison term than a minor theft.
• The offender's background: Judges look at the offender's personal history, including any previous convictions and their circumstances.
• Impact on victims: The judge considers how the crime affected the victim and their family.
• Public interest: The sentence should also reflect what is fair for society and help deter others from committing similar crimes.

Examples of Sentencing

Here are a couple of examples to illustrate how sentencing works:

• If someone is convicted of shoplifting, they might receive a fine and be ordered to do community service.
• If a person is found guilty of assault, they could face a prison sentence, especially if the attack caused serious injury.

Sentencing is a crucial part of the criminal justice system in New Zealand. It aims to ensure that justice is served while also considering the needs of the community and the offender. Understanding how sentencing works helps everyone appreciate the balance between punishment and rehabilitation in our legal system.