Cultural Reports and Sentencing (Paper)

Materials comprised of a Paper and PowerPoint Handout.

Presenters:

David Harvey, Retired District Court Judge
Chair: Jo Murdoch, Assistant Public Defender, Public Defence Service

Synopsis:

Cultural or background reports under s 27 of the Sentencing Act 2002 are a mainstay of Aotearoa’s criminal justice system. Their use is widespread and increasing. Recent court decisions provide insights into their use and abuse. So how can lawyers do better in obtaining and utilising these integral reports?

These Materials will examine the history of s 27 reports and how their use has developed, analyse key case law culminating in the Court of Appeal’s 2020 decision in Carr and Anderson v R and then the Supreme Court’s 2022 decision in R v Berkland, provide an overview of the range of discounts applied by Courts in sentencing, and offer tips for lawyers for obtaining and using such reports when making submissions regarding discounts.

These Materials will help you:

In respect of cultural/background/s 27 reports:

• Benefit from receiving a brief history of them and how their use has developed.
  
• Better understand how the Courts have used them up until Carr and Anderson v R (CA) and how R v Berkland (SC) crystallises the approaches to them.
• Glean an overview of the range of discounts applied by Courts in sentencing.
• Garner some hints for obtaining and using them in submissions.
  

Intended Audience:

Criminal lawyers plus report writers and Corrections personnel.