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New Zealand Law Society Criminal Law Conference May 2026: Sentencing Update: Sentencing Act 2002, Ss 9Q And 9R - The 40 % Cap on Discounts for Personal Mitigating Factors Unless "Manifestly Unjust"
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New Zealand Law Society Criminal Law Conference May 2026: Sentencing Update: Sentencing Act 2002, Ss 9Q And 9R - The 40 % Cap on Discounts for Personal Mitigating Factors Unless "Manifestly Unjust"

Henry Benson-Pope and Chris Merrick
SSRN Electronic Journal
Elsevier
16/07/2026
Handle:
https://hdl.handle.net/10523/52591

Abstract

Sentencing Manifestly unjust Sentencing Act 2002 40 % cap
This paper aims to provide an update on two developing and related areas in sentencing. First, in Part one, Henry Benson-Pope discusses the likely operation of the exception to the 40% cap on sentencing discounts for personal mitigating factors when it would result in manifest injustice. Second, in Part two Chris Merrick considers the relevance of youth justice principles and practice in sentencing of young people in the general criminal jurisdiction.
url
https://doi.org/10.2139/ssrn.6964259View
Preprint (Author's original) Open All Rights Reserved

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