Additional aggravating factors in cases involving violence against, or neglect of, child under 14 years

Heading: inserted, on 17 December 2008, by section 4 of the Sentencing (Offences Against Children) Amendment Act 2008 (2008 No 109).

9A Cases involving violence against, or neglect of, child under 14 years

(1)

This section applies if the court is sentencing or otherwise dealing with an offender in a case involving violence against, or neglect of, a child under the age of 14 years.

(2)

The court must take into account the following aggravating factors to the extent that they are applicable in the case:

(a)

the defencelessness of the victim:

(b)

in relation to any harm resulting from the offence, any serious or long-term physical or psychological effect on the victim:

(c)

the magnitude of the breach of any relationship of trust between the victim and the offender:

(d)

threats by the offender to prevent the victim reporting the offending:

(e)

deliberate concealment of the offending from authorities.

(3)

The factors in subsection (2) are in addition to any factors the court might take into account under section 9.

(4)

Nothing in this section implies that a factor referred to in subsection (2) must be given greater weight than any other factor that the court might take into account.

Section 9A: inserted, on 17 December 2008, by section 4 of the Sentencing (Offences Against Children) Amendment Act 2008 (2008 No 109).