This is his only conviction. In particular, they can have the effect of restricting the offender’s liberty while providing punishment in the community, rehabilitation for the offender, and/or ensuring that the offender engages in reparative activities. Severe injuries are deemed to cause serious detriment to a victim’s health, whether: If violence is inflicted with a weapon or the equivalent of a weapon, then the act is likely to be classified as inflicting grievous bodily harm intentionally (section 18). iv) When the court suspends a sentence, it may impose one or more requirements for the offender to undertake in the community. Evidence that an offender has demonstrated positive good character through, for example, charitable works may reduce the sentence. if jolted during a concert) but does not require there to have been any injury. When an immediate custodial sentence is necessary, the court must consider whether proper arrangements have been made for the care of any dependent children and if necessary consider adjourning sentence for this to be done. 2 Emergency service workers are to be protected by … Commission of an offence while subject to a. A court should generally only take offences into consideration if the following procedural provisions have been satisfied: The sentence imposed on an offender should, in most circumstances, be increased to reflect the fact that other offences have been taken into consideration. A Class II felony carries a mandatory minimum of one year in prison, while the maximum is 50 years in prison. Common assault is when apprehension of immediate unlawful violence is caused. Generally speaking, there are 3 levels of assault under UK law depending upon the level of harm intended/caused, plus also sexual assault: Common Assault – This is often the charge used by the police and Courts for slapping or hitting another person, and often there will … The police should not interview your child until you are present, unless a delay would mean an immediate risk of harm to someone or serious loss of, or damage to, property. Case: [2012] NZHC 2323. The court will need to be satisfied that the offender is genuinely remorseful for the offending behaviour in order to reduce the sentence (separate from any guilty plea reduction). In this instance, while still serious, the case is treated differently. If the facts of the case indicate a lower level of culpability, such as the use of a single blow, then the consequence could be as low as a community order. where the TIC is not founded on the same facts or evidence or part of a series of offences of the same or similar character (unless the court is satisfied that it is in the interests of justice to do so). Refer to the Sentencing offenders with mental disorders, developmental disorders, or neurological impairments guideline. The emotional and developmental age of an offender is of at least equal importance to their chronological age (if not greater). The court should: The presence of TlCs should generally be treated as an aggravating feature that justifies an adjustment from the starting point. Reduced period of disqualification for completion of rehabilitation course, 7. These various degrees of assault will determine the potential consequences and punishment for someone accused or convicted. 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