Tim Conder "Sentence Indications - Some Practical Challenges" [2017] NZCLR 100

  • Tim Conder


Sentence indications have formed part of the practice of criminal law in New Zealand for a number of years.1 However, appellate courts have at times drawn the practice into question and have called such indications “troublesome” and “problematical”.2 They have also been the frequent target of Solicitor-General’s appeals, which seek to respond to lenient sentences which have been seized upon by those defendants fortunate enough to receive them.3 Sentence indications have also been identified as carrying similar risks as plea bargaining, with the potential to encourage even innocent defendants to plead guilty.4