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The law relating to sentencing the criminal offender, including theories of punishment, the mechanics of the sentencing process, the use of probation and psychiatric reports, sentencing alternatives.
An examination of the principles and practice of sentencing. A key feature of sentencing is that it is discretionary, but the sentencing judge is constrained by the requirements of the Sentencing Act 2002 and by sentencing levels as evidenced in similar cases. Topics will include the nature and purpose of punishment; statutory and judicial sentencing principles; sentencing alternatives; and the mechanics of sentencing - the sentencing and appeal process, including the roles of prosecution and defense counsel.
|Teaching period||Not offered in 2022 (On campus)|
|Domestic Tuition Fees (NZD)||$691.30|
|International Tuition Fees||Tuition Fees for international students are elsewhere on this website.|
- 96 LAWS points
- Pre or Corequisite
- Any 200-level LAWS paper not already passed
- Limited to
- LLB, LLB(Hons)
- Not all optional papers will be available in any given year.
- More information link
- View more information on the Faculty of Law's website
- Teaching staff
Course readings via eReserve.
- Graduate Attributes Emphasised
- Interdisciplinary perspective, Lifelong learning, Scholarship, Communication, Critical
thinking, Cultural understanding.
View more information about Otago's graduate attributes.
- Learning Outcomes
Students who successfully complete this paper will
- Explain the purpose, justifications and limitations of the main theories underlying sentencing law in New Zealand, and how these are applied under the Sentencing Act 2002
- Describe the forms of sentence available under the Sentencing Act 2002 and evaluate situations in which each sentence might or might not be appropriate
- Demonstrate an understanding of the process of sentencing an offender in New Zealand, and the information available to the court in this process
- Explain the purpose, justifications, and limitations of specific sentencing rules under the Sentencing Act 2002
- Develop an informed opinion on current issues in sentencing