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.
Proof of Disputed Facts on Sentence (NZLC R76, 2001)
The Commission's Report, Proof of Disputed Facts on Sentence (NZLC R76, 2001).
Recommendations were incorporated in the Sentencing Act 2002.
There was no requirement for the Government to present a formal response to Commission reports before April 2009.