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Payment of Reparation by Third Parties – Changing the Prosecution and Sentencing Landscape

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dc.contributor.author GIlbert, Elizabeth
dc.date.accessioned 2018-12-05T02:15:51Z
dc.date.accessioned 2022-07-11T23:07:55Z
dc.date.available 2018-12-05T02:15:51Z
dc.date.available 2022-07-11T23:07:55Z
dc.date.copyright 2017
dc.date.issued 2017
dc.identifier.uri https://ir.wgtn.ac.nz/handle/123456789/20859
dc.description.abstract Under the Sentencing Act 2002, a court may impose a sentence of reparation if an offender has, “through or by means of an offence of which the offender is convicted, caused a victim to suffer loss of or damage to property, emotional harm or loss or damage consequential on any emotional or physical harm or loss of, or damage to, property.” When reparation was first introduced as a sentence in its own right in the 1983 Criminal Justice Bill, it was promoted as being “consistent with both reformative and deterrent theories of the purpose of punishment”, compensating victims and holding offenders to account. Reparation is determined by reference to the loss or harm suffered by the victim and the offender’s financial means. Over time, this has developed to include the capacity for third parties (including insurers and family members) to pay. In such cases reparation is not dependent on the offender’s personal financial circumstances, the offender does not personally pay, and the victim receives compensation where they may otherwise not do so. However, it is arguable that by shifting the cost of reparation from the offender to a third party, the original policy reasons for the sentence of reparation are undermined. The purpose of this paper is to consider the impact of third party payment of reparation on prosecution decisions and sentencing. en_NZ
dc.format pdf en_NZ
dc.language en_NZ
dc.language.iso en_NZ
dc.publisher Te Herenga Waka—Victoria University of Wellington en_NZ
dc.subject Sentencing en_NZ
dc.subject Penology en_NZ
dc.subject Criminal Justice en_NZ
dc.subject Penal policy en_NZ
dc.subject Prosecution decision-making en_NZ
dc.subject Insurance en_NZ
dc.title Payment of Reparation by Third Parties – Changing the Prosecution and Sentencing Landscape en_NZ
dc.type Text en_NZ
vuwschema.contributor.unit Victoria Law School en_NZ
vuwschema.contributor.unit Faculty of Law / Te Kauhanganui Tātai Ture en_NZ
vuwschema.subject.anzsrcfor 180110 Criminal Law and Procedure en_NZ
vuwschema.subject.anzsrcfor 180120 Legal Institutions (incl. Courts and Justice Systems) en_NZ
vuwschema.subject.anzsrcfor 180121 Legal Practice, Lawyering and the Legal Profession en_NZ
vuwschema.subject.anzsrcseo 970118 Expanding Knowledge in Law and Legal Studies en_NZ
vuwschema.type.vuw Masters Research Paper or Project en_NZ
thesis.degree.discipline Law en_NZ
vuwschema.subject.anzsrcforV2 489999 Other law and legal studies not elsewhere classified en_NZ
vuwschema.contributor.school School of Law en_NZ

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