Parliament

Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search

 

Decision confirms intent of minimum non-parole


Hayden Brown decision confirms intent of minimum non-parole periods

Justice Minister Phil Goff today welcomed the Court of Appeal decision on the sentencing of Hayden Brown for attempted murder, which he says makes absolutely clear that the new Sentencing Act imposes a tougher regime for serious offenders.

“The Court’s decision clearly confirms that minimum periods before parole eligibility are intended to be imposed in most cases of serious offending.

“The Court states that a non-parole period should be imposed, when an offence is ‘sufficiently serious’. Non-parole periods should be imposed when ‘release after one third of the sentence has been served would represent insufficient denunciation, punishment and deterrence in all the circumstances’. The central consideration of this test is the culpability of the offender which will be increased when the crime is committed with unusual callousness, extreme violence, where there are vulnerable or multiple victims or serious actual or intended consequences.

“The Court decision of five of our most senior judges makes it clear that a minimum non-parole period can be applied ‘even if there is no danger to the community’. It states that a minimum period should be imposed ‘if an offence is so serious that release after one third of the sentence would plainly constitute an insufficient response in the eyes of the community, even though there may be no on-going safety risk’.

“What this decision means is that for serious offending, the law is now tougher in three key respects.

Under sentencing guidelines, the maximum sentence must be imposed for the most serious offences, and close to the maximum for offending which is near to the most serious. Sentences for these offences will be longer than in the past.

Minimum periods before parole will generally be set for cases of serious offending attracting longer prison terms, which includes offences not previously defined as serious violent offending including kidnapping and drug trafficking.

With the abolition of automatic release at two thirds of sentences, and the new Parole Act making public safety the paramount consideration, offenders may now be kept in prison until the last day of their sentence if they constitute any undue public risk.

“The Court decision makes it clear that the new sentencing regime is much tougher than previous law, and confirms that no changes to the Sentencing Act are required to achieve this result,” Mr Goff said.

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On The Politics Of Scaring Voters Back Into Line

Fear has always been a useful mobilising tool in politics… yet in 2017, bogeymen of all shapes and sizes seem to have fallen on hard times. For years, the National party had painted itself as being the only reliable defensive bastion against the terrifying prospect of a centre-left government…

In fact, the polls suggest that the public seems to quite like the new government, its Prime Minister, and its proposed plan of action. Somehow, even though a Labour/Greens/NZ First government is in power, the sun is still rising and setting, on time. More>>

 

Gordon Campbell: On Drinking Water As A Failure Of Political Leadership

It is almost possible to feel sorry for the Health Ministry in their terrible, no good, very bad week... More>>

ALSO:


Gordon Campbell: On Saying ‘Work For The Dole,’ Nicely

As New Zealand First learned the hard way from its two previous periods in government, small parties in MMP coalitions get blamed for the unpopular stuff done by their senior partner in power, but no one remembers the good stuff the junior player brought to the table... More>>

ALSO:

Seismic Blasting: Greenpeace Launches Legal Challenge Against Amazon Warrior

A legal challenge against the world’s largest seismic oil exploration ship was launched at a public rally on Parliament Lawn. More>>

ALSO:

Tertiary: 80,000 People Eligible For Fees Free

The Government has today made good on its 100-day promise of delivering the first year of fees-free post school training and education and industry training from 1 January next year, says Education Minister Chris Hipkins. More>>

ALSO:

PM's Presser: Rebuilding Cathedrals, Felling Trees

Prime Minister Jacinda Ardern attended the press conference today with Minister for Greater Christchurch Regeneration Dr Megan Woods to announce urgent legislation this week for the rebuilding of the Christ Church Cathedral. More>>

ALSO:

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

Featured InfoPages