Section 151 — Sentencing Act 2002: Offender subject to community-based sentence under Criminal Justice Act 1985 sentenced to further community-based sentence after commencement date
Text of the provision Official document
151 Offender subject to community-based sentence under Criminal Justice Act 1985 sentenced to further community-based sentence after commencement date (1) This section applies if— (a) an offender was, immediately before the commencement date, subject to a community-based sentence imposed under the Criminal Justice Act 1985 (the old sentence ); and (b) on or after the commencement date the court wishes to impose a community-based sentence on the offender— (i) for another offence (the subsequent offence ); or (ii) in substitution for the old sentence; or (iii) to replace a suspended sentence of imprisonment as provided for in section 155 . (2) The court must cancel the old sentence and impose a community-based sentence or sentences under subpart 2 that takes into account,— (a) if subsection (1)(b)(i) applies, the subsequent offence: (b) if subsection (1)(b)(i) or (ii) or (iii) applies, the portion of the old sentence that remains unserved at the time of sentencing.
Official source: legislation.govt.nz
Search case law on this topic
See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.
Explore case law →