Monthly Archives: September 2024

No sentencing discount for remorse for mere willingness to participate in restorative justice

Posted on September 22, 2024 by Vernon Tava

A discount for remorse (usually of the order of about 5-10%) can be available for Restorative Justice with the victim of the offending. However, it requires both parties to be willing to participate and it is not uncommon that a … Continue reading →

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Discounting Time on Electronically-Monitored Bail at Sentencing

Posted on September 18, 2024 by Vernon Tava

Since electronically-monitored bail (“EM bail”) was introduced in New Zealand in 2006, varied approaches have been taken to accounting for this time at sentencing. Prior to 2006, it was not usual to make deductions for time on ‘non-EM’ bail although … Continue reading →

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A Common Error in Sentence Calculation

Posted on September 11, 2024 by Vernon Tava

The Court of Appeal set out the approach to calculating sentences in criminal matters in Moses v R [2020] NZCA 296. This decision set out a two-step methodology: The Court of Appeal then said that “the court fixes all second-step … Continue reading →

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