View Full Version : What happens at sentencing?

10-04-2013, 11:30 AM
I have a question, this arises because the Ministry of Justice have updated their web page, the information was previously available in a simple form and related to cases under the NZ Bill of Rights Act (BORA) involving claims for compensation, the particular case I am interested in involved a burglar who when being sentenced was not asked by the Judge if he any anything to say before the judge passed sentence.

The question is a Judge required before passing a sentence to ask the defendant/accused:

"Do you have anything to say before I pass sentence on you"

The accused was compensated for this oversight by the Judge under BORA.

13-04-2013, 02:09 AM
Attorney General (H.C; 10-10-96; Tompkins J, Christchurch CP.91/94....Section 29 BORA
Given the princely sum of $13,000 when sentenced by the judge without being given the opportunity to be heard.

also I am advised a similar case has been decided by the Privy Council