Login
Login

Your trusted CPD partner

22RW2

Regulatory Charges - Sentencing 2022

NZ$35.00
Publications
CONDER Tim    
Tim Conder
Holland Beckett,
Tauranga
   

Author: Tim Conder
Published: 1 June 2022
Pages: 22

Introduction

For many, if not most, criminal defendants, their first concern when faced with a criminal charge is “what am I going to get for this.” For traditional criminal clients, this can be a particularly daunting concern – an 18 year-old facing a single charge of possessing 5.1 grams of class B methylenedioxy-methylamphetamine (MDMA) (just over the presumption of possession for supply) may well be served with a charging document that solemnly warns that the maximum penalty for the charge is life imprisonment – a misleading claim when the average defendant would expect community work for the same offending.
The reality is that for many defendants it is the possible punishment for a crime – rather than the conviction for it – that will assume central importance in their defence. This is one of the reasons why sentence indications can be such a powerful tool. It is also especially true for regulatory offences where for most defendants (or their insurers as the case may be) the question of how big a fine they will receive is of singular importance.
However, this one dimensional perspective on sentencing can be limiting. While a sentence is measured in terms of the final outcome, a good sentence, one that reflects well on the defence lawyer who has advocated for it, will have a number of constituent parts – each of which will ultimately bear on the sentence imposed.
This seminar follows the pattern of a criminal sentencing – as modelled by the leading decisions of Taueki, Hessell and Moses. It begins with principles and purposes of sentencing – to set the scene for the assessment to be done. This includes a consideration of the hierarchy of sentences, and in particular a consideration of discharges without conviction. It turns then to starting points, and in particular the sentencing facts that underpin them. Finally, it considers questions of mitigation – the personal circumstances that can justify a different response, and the avenues open to defendant’s to reduce the sentence that might otherwise be imposed.

 

Content outline

  • What is a sentence?
  • Starting points
  • Pre-sentence reports
View contents page

You might also be interested in ...

Registrant Details

Use this window to add all the registrants you wish to register on behalf of. If you want to attend the course also, ensure you add yourself as one of the registrants. Make sure you press ‘save’ after adding each new registrant.

Proceed to Checkout

Regulatory Prosecutions - Criminal Procedure 2022

Publication Date: 27-Apr-2022

Author: Tim Conder

NZ$45.00

Multiple Registration

Evidence - hostile & difficult witnesses

Publication Date: 06-Oct-2021

Authors: Janine Bonifant, Sally Carter

NZ$40.00

Multiple Registration
 
CONTACT
INQUIRIES
freephone (within NZ)
0800 333 111

EMAIL 
[email protected]

PHONE
04 472 7837
 
ADDRESS
NZLS CLE Ltd
Level 4, 17-21 Whitmore Street
Wellington 6011

DX SP 20202
PO Box 5041
Wellington 6140
New Zealand