When judges sentence offenders, they have to take into account a number of factors. These are set out in the Sentencing Act. Among them are the offender's personal, family, whānau, community, and cultural background, particularly with a view to rehabilitation.
This background information comes in a variety of ways. One is by a report prepared by a probation officer. Another is in the form of submissions, affidavits and letters presented by counsel. Another is by the provision of background and "cultural" information.
An offender may request the court to hear any person called to speak on the personal, family, whānau, community and cultural background of that offender, as well as how that background may have related to the offence. This is set out in section 27 of the Sentencing Act.
Judges must hear persons called to provide this information unless there is a special reason for not doing so.
Section 27 provides a means of getting background information to the judge information that the judge must take into account. The provision has been around since 1985 but it has been underused.
Denne historien er fra November 25 - December 1, 2023-utgaven av New Zealand Listener.
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Denne historien er fra November 25 - December 1, 2023-utgaven av New Zealand Listener.
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First-world problem
Harrowing tales of migrants attempting to enter the US highlight the political failure to fully tackle the problem.
Applying intelligence to AI
I call it the 'Terminator Effect', based on the premise that thinking machines took over the world.
Nazism rears its head
Smirky Höcke, with his penchant for waving with a suspiciously straight elbow and an open palm, won't get to be boss of either state.
Staying ahead of the game
Will the brave new world of bipartisanship that seems to be on offer with an Infrastructure Commission come to fruition?
Grasping the nettle
Broccoli is horrible. It smells, when being cooked, like cat pee.
Hangry? Eat breakfast
People who don't break their fast first thing in the morning report the least life satisfaction.
Chemical reaction
Nitrates in processed meats are well known to cause harm, but consumed from plant sources, their effect is quite different.
Me and my guitar
Australian guitarist Karin Schaupp sticks to the familiar for her Dunedin concerts.
Time is on my side
Age does not weary some of our much-loved musicians but what keeps them on the road?
The kids are not alright
Nuanced account details how China's blessed generation has been replaced by one consumed by fear and hopelessness.
