Open Access Te Herenga Waka-Victoria University of Wellington
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Unrewarded donors: The search for victims in the wake of Kapa

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posted on 2021-11-14, 02:06 authored by Saroz, Ayla

This paper provides a critical analysis of the sentence of reparation in New Zealand, as set out by s 32 of the Sentencing Act 2002. The scope of the sentence is examined with particular regard to the recent Supreme Court decision, which limited reparation so that only victims of offences can benefit from the sentence. The definition of “victim”, as determined by the Sentencing Act, is confined to direct victims of criminal offending. Thus, any indirect victim suffering harm or loss from criminal offending cannot benefit from reparation. This paper questions whether that limitation gives reparation an appropriate scope, or whether some extension should be made so that the sentence is not restricted in its application to only benefit direct victims. In so doing, this paper argues that the criminal law is the suitable domain to address such issues of compensation and therefore, an extension of the reparation sentence is required. Alternative ways of limiting reparation to address this compensation issue are outlined. Ultimately it is proposed that an additional provision should be included within the definition of “victim”, for the purpose of s 32, so that indirect victims can also benefit from a sentence of reparation.

History

Copyright Date

2013-01-01

Date of Award

2013-01-01

Publisher

Te Herenga Waka—Victoria University of Wellington

Rights License

Author Retains Copyright

Degree Grantor

Te Herenga Waka—Victoria University of Wellington

Degree Name

LL.B. (Honours)

ANZSRC Type Of Activity code

970118 Expanding Knowledge in Law and Legal Studies

Victoria University of Wellington Item Type

Research Paper or Project

Language

en_NZ

Victoria University of Wellington School

School of Law