If you're pleading or have been found guilty, the sentencing stage is where a great deal can still be done. Understanding how sentences are built shows where there's room to argue for a better outcome.
This guide is general information, not legal advice about your situation — every case turns on its own facts.
The court usually sets a starting point based on the seriousness of the offending, then adjusts it up for aggravating factors and down for mitigating ones — such as remorse, previous good character, rehabilitation, and a guilty plea (which can attract a discount of up to 25%). Good preparation at this stage genuinely matters.
The court often orders a pre-sentence report (prepared by Corrections) covering your background, risk and suitability for different sentences. What you say, and the steps you've taken, can shape it.
Under section 27 of the Sentencing Act 2002, a person can ask the court to hear about their personal, family, whānau, community and cultural background, and how those factors relate to the offending. Note that government funding for formal written cultural reports was largely withdrawn in 2024, so these reports are now far less common; the underlying ability to put relevant background before the court remains, and how best to do that depends on the case.
In some cases you can seek a sentencing indication — the judge indicates the likely sentence if you were to plead guilty at that point. This can help you make an informed decision, though it isn't available or appropriate in every case.
Sentences run from a discharge without conviction and fines, through community work, supervision and intensive supervision, to community detention, home detention and, at the top end, imprisonment. Much of the work at sentencing is arguing for the least restrictive outcome that fits.
An early guilty plea can attract a sentence discount of up to 25%, reducing the further into the process you go. It's one of several factors the court weighs.
Yes. Section 27 of the Sentencing Act allows a person's personal, cultural and background circumstances to be put before the court at sentencing, where they relate to the offending. Government funding for formal written cultural reports was largely withdrawn in 2024, so those reports are now much less common — but the underlying point can still be made. This is general information only.
Sometimes — through a sentencing indication, where the judge indicates the likely sentence on a guilty plea. It isn't available in every case, so get advice on whether it fits yours.
In appropriate cases, yes. Home detention is an alternative to short prison sentences where the circumstances and an address are suitable. Whether it's realistic depends on the offending and your situation.
Every case is different. Call for a confidential, no-obligation discussion.
