Common crimes
How criminal sentencing works
Starting points, uplifts and discounts: How a sentence is decided
If you’re convicted of an offence (either having pleaded guilty or been found guilty at a trial), the judge will first set a “starting point” sentence. The starting point is about the seriousness of what you did in your particular case. Many offences will have a starting point of time in prison. In setting the starting point, the judge will look at the features of the offending that made it worse (“aggravating factors”) or not as bad (“mitigating factors”). For example, if your victim was very young, this may be an aggravating factor.
After setting this starting point, the judge will consider you and your particular situation and background. The judge may apply:
- increases (“uplifts”) for anything personal about your situation that make the fact you offended worse (“aggravating factors”). For example, if you have prior convictions for the same type of offending, the judge may increase your sentence.
- reductions (“discounts”) for anything that makes the fact you offended not so bad, known as ‘mitigating factors’. For example, if you pleaded guilty early or said sorry (“expressing remorse”), or if you have a personal background that contributed to your offending.
Because of this process and the adjustments, the sentence you receive may end up being quite different from the starting point. For example, the judge may begin by saying you have a starting point of two and a half years imprisonment, but then after considering your personal situation and applying uplifts and discounts, may sentence you to 18-months home detention.
If you get sentenced to 2 years in prison or less, the judge might give you a community-based sentence (like home detention) instead of putting you in prison.
How much will my sentence be reduced if I plead guilty?
Sentencing Act 2002, s 9(2)(b) Case: [2010] NZSC 135
In general, the earlier you plead guilty, the greater the reduction (“discount”) you’re likely to get for pleading guilty. However, other factors in your particular case will be taken into account too, such as how much you’ve admitted responsibility for the offending and shown that you’re sorry.
The maximum discount you’ll be able to get for a guilty plea is 25%. This is usually when your guilty plea is entered at the earliest opportunity, taking into account when first knew of the charges and evidence against you.
