What to Expect at a Sentencing Hearing in New Zealand
For many people going through the justice system, sentencing is the most stressful and emotional part of the process. Whether you've entered a guilty plea or been found guilty after trial, your next step is a sentencing hearing where the judge decides the penalty.
Understanding what happens at this stage can help reduce fear and prepare you to take an active role in shaping the outcome. At Anj Singh Law, I work closely with clients to ensure that their full story is told, their circumstances are properly presented, and the court has everything it needs to make a fair and balanced decision.
This blog walks you through what happens at sentencing and how to prepare for the best possible outcome.
What Is a Sentencing Hearing?
A sentencing hearing is a formal court proceeding where the judge determines the punishment for an offence. It takes place after:
A guilty plea, or
A guilty verdict at trial
The purpose of sentencing is not only to punish but also to reflect the seriousness of the offence, acknowledge harm caused, and support rehabilitation where appropriate.
What Does the Judge Consider?
Sentencing is not one-size-fits-all. The judge will carefully assess several factors, including:
The type and seriousness of the offence
Your personal circumstances and background
Any previous convictions or whether you are a first-time offender
The level of harm caused to any victims
Whether you have shown remorse or taken steps to change
Reports provided to the court, such as cultural reports, pre-sentence reports, or medical assessments
The court may also consider victim impact statements and submissions from your lawyer to understand the broader picture.
Possible Sentencing Outcomes
Depending on the offence and circumstances, sentencing options include:
Conviction and discharge – You are found guilty but no further penalty is imposed
Discharge without conviction – The court accepts guilt but decides not to convict
Fines – Often used for lower-level offending
Supervision – Community-based sentence requiring regular check-ins and compliance with conditions
Community or home detention – Allows you to remain in the community under strict monitoring
Imprisonment – Reserved for more serious or repeat offending
Not all cases lead to prison. In many situations, with good preparation and legal representation, the court may be persuaded to adopt a more constructive or rehabilitative approach.
What Is a Cultural Report or Section 27 Report?
A Section 27 cultural report can be presented at sentencing to give the judge insight into your background, cultural identity, and social context. These reports often explain:
Personal history, including hardship or trauma
Cultural disconnection or marginalisation
Efforts made toward rehabilitation
Future goals and community support
A well-prepared cultural report can play a significant role in influencing the outcome of a sentencing hearing especially for Māori and Pasifika clients or those affected by systemic disadvantage.
How Should You Prepare?
The most powerful sentencing submissions are backed by evidence and actions. In the lead up to your hearing, your lawyer may help you gather:
Proof of employment or study
Letters of support from employers, whānau, or community leaders
Receipts for reparation or donations made
Certificates of completion from counselling or treatment
Personal statement or letter of apology
Cultural or psychological reports
This is your opportunity to show the court who you are, beyond the charge.
What Happens On the Day?
On the day of sentencing:
You and your lawyer will appear before the judge
The judge will review the evidence, reports, and submissions
The prosecution may make their own recommendations
The judge will deliver the sentence and give reasons for their decision
You may bring whānau or support people to court with you. Their presence shows community backing and can be reassuring at a highly emotional moment.
Why Your Lawyer Matters at Sentencing
Sentencing is not just a formality it is a chance to shape the outcome. A skilled lawyer can:
Prepare strong submissions
Advocate for alternatives to conviction or imprisonment
Ensure your personal story is heard and respected
Present evidence that supports rehabilitation over punishment
At Anj Singh Law, I take time to prepare every sentencing case with care and precision. Whether you’re seeking name suppression, a discharge, or community-based sentencing, I make sure the judge sees the full picture not just the offence, but the person behind it.
Your Voice. Your Future. Your Defence.
A sentencing hearing does not have to be the end of your story it can be a new beginning, especially if handled correctly.
📞 Contact Us Now if you have a sentencing date coming up. Let’s make sure the court sees your progress, your potential, and your plan for moving forward.
