New Zealand Acts

SENTENCING ACT 2002 - SECT 15

15 Community-based sentence

1 If a court is lawfully entitled under this or any other enactment to impose a community-based sentence or a fine, or both, it may impose a community-based sentence only if—

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

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

2 This section is subject to any provision in this or any other enactment that—

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

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