Factual Basis for Sentencing

Start date
23 May 2001
04 473 3453
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Project Overview

In NZLC R73 : Some Criminal Defences with Particular Reference to Battered Defendants we stated that we would issue a supplementary report on the onus and standard of proof as to disputed facts on sentence; in particular, as these might relate to provocation. In this project we propose that the law governing proof of disputed facts on sentence be stated, simply and coherently, as part of the Sentencing and Parole Reform Bill now under debate.