Home | Databases | WorldLII | Search | Feedback New Zealand Bill of Rights Act Reports

Sentencing (Aggravating Factors) Amendment Bill (Consistent) [2010] NZBORARp 61 (6 September 2010)

Last Updated: 6 May 2020

Sentencing (Aggravating Factors) Amendment Bill

6 September 2010

Attorney-General

Sentencing (Aggravating Factors) Amendment Bill (PCO 14583/8.1) Our Ref: ATT395/134

1. I have reviewed the Sentencing (Aggravating Factors) Amendment Bill for consistency with the New Zealand Bill of Rights Act 1990. I conclude that the Bill as drafted is not inconsistent with the Bill of Rights Act.

2. The Bill proposes to amend section 9 of the Sentencing Act 2002 so that the Court must take into account, as an aggravating factor at sentencing, the fact that the victim of an offence is a constable or prison officer acting in the course of duty. [1]

3. I consider that the proposed amendment is not inconsistent with the rights contained in the Bill of Rights Act.

4. New Zealand sentencing decisions take into account the fact that a victim of an offence was a police officer [2] or prison officer, [3] acting in the course of his or her duty, as a matter of established practice. The Bill confirms the common law position.

5. In accordance with Crown Law process, this advice has been peer reviewed by

Fergus Sinclair, Crown Counsel. Yours sincerely

Victoria Casey

Crown Counsel

Footnotes:

1. The Court’s discretion as to the weight to be attributed to the factor at sentencing continues under s 9(4) of the Sentencing Act 2002.

2. R v Bryant [1980] 1 NZLR 264 (CA), R v Namara [2000] NZCA 348; [2001] 2 NZLR 448 (CA) and R v

Thomas [2003] NZCA 272; (2003) 20 CRNZ 538 (CA).

3. R v Claridge [1987] NZCA 224; (1987) 3 CRNZ 337 (CA) and R v Thompson (High Court, Auckland, S148/95, 13 December 1995, Barker J).

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in

relation to the Sentencing (Aggravating Factors) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.