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Thorburn, Stan. The Arrival of Restorative Justice in the Courts: A Brief Outline of the New Zealand Experience

The paper is intended to provide a narrative about the emergence of Restorative Justice into the processes of the Courts in New Zealand.

McElrea, FWM. The Crown v Junior Sami

Notes of Judge FWM McElrea on Sentencing

Considering Restorative Interventions in Sentencing

New Zealand's Sentencing Act of 2002 incorporated restorative justice language in its sentencing provisions. Judges are now required to consider the results of a restorative process in sentencing decisions. Judge Stan A. Thorburn of the District Court in Auckland applies these provisions to a case of aggravated robbery.

A Survey of 10 Years of New Zealand Court Cases on Restorative Justice

This paper by Judge Stan Thorburn offers a brief account of the development of restorative justice in the Courts of New Zealand since it has been practised over the past 10 years. In particular, it examines a selection of court decisions and identifies significant principles emerging from them. Finally, it compares those to legislation, in particular the Sentencing Act 2002.

Becroft, Andrew. Restorative Justice in the Youth Court: A Square Peg in a Round Hole?

New Zealand is known as a leader in the application of restorative justice to youth offending, with over 80% of juvenile offenses being handled through police diversion. The remaining 16-20% results in formal charges in the youth court. This article provides excerpts of a paper that examines the restorative potential of the New Zealand youth court. The full paper, written by Judge Andrew Becroft, Principal Youth Court Judge, New Zealand Youth Court, is attached.

New Zealand Court of Appeal. R. v Clotworthy

This document presents the judgment of the New Zealand Court of Appeal with respect to the sentencing of Patrick Dale Clotworthy. Mr. Clotworthy pled guilty to two violent offenses. The District Court of Auckland sentenced him to two years imprisonment (suspended), reparation, and community service. The Solicitor-General sought to appeal the sentence as being too lenient given the nature of the offenses. The Solicitor-General contended for a longer period of imprisonment (not suspended) and a different reparation order. The document contains a summary of the facts of the case, the sentencing process, the Solicitor-General’s submissions, statutory provisions, the perspectives of Mr. Clotworthy and the victim, and judgment in favor of the Solicitor-General’s appeal for a sentence of longer imprisonment and a different reparation order (though the appeals court expresses the desire not to appear to be in opposition to the concept of restorative justice).

Thorburn, Stan. R. v Clotworthy (unreported) T971545

This document presents the sentencing notes of Judge S. A. Thorburn of the District Court of Auckland (New Zealand) in the matter of the Queen v Patrick Dale Clotworthy. Mr. Clotworthy committed and pled guilty to certain violent offenses. As part of the criminal justice process subsequent to the arrest and charging of Mr. Clotworthy, and prior to sentencing in court, a restorative justice conference occurred in which the victim and Mr. Clotworthy participated. The judge’s sentencing notes recount the facts of the case, the substance and outcome of the restorative justice conference, and the positions of the Crown, the victim, and the offender with respect to the issue of formal sentencing. In view of all aspects, Judge Thorburn imposed a sentence of two years imprisonment (suspended), reparations, and community service.

Gittos, P. R. v Fletcher (unreported) T990070

This document presents the sentencing notes of Judge J. P. Gittos of the District Court of Auckland in the matter of the Queen v Mark Fletcher. Mr. Fletcher pled guilty to a violent offense – specifically, a charge of wounding with intent to cause grievous bodily harm. Following his arrest and arraignment, Mr. Fletcher participated in a restorative justice conference with the victim, the conference apparently being instigated by the police officer initially involved in the case. The sentencing notes present the judge’s reasoning on the facts of the case, the restorative justice conference, relevant circumstances of Mr. Fletcher’s background, and the imposition of a sentence of two years imprisonment (suspended) and reparation.

Johnson, R. Police v Kapa (unreported) CRN 0090007932

This document presents the sentencing notes of Judge R. J. Johnson of the District Court of Waitakere in the matter of the Police v Caine John Kapa. The case involved offenses of aggravated burglary and aggravated assault. Subsequent to the arrest of Mr. Kapa and prior to sentencing in court, he entered a guilty plea and a restorative justice conference occurred. Participants in the conference included Mr. Kapa, the victims, a policeman, and other interested parties. In view of all the circumstances of the case, subsequent events, and the law, Judge Johnson imposed a prison sentence but suspended it.

New Zealand Court of Appeal. The Queen v. Andrew Bruce Nodwell

The judgment of the New Zealand Court of Appeal in this case dealt with an appeal of a conviction and sentencing for theft and aggravated robbery. The appellant argued that the sentences were excessive in light of particular circumstances. Some of those circumstances included actions on the part of the offender – for example, his writing a letter of apology to the victims to express his remorse, contrition, and shame; and his participation in a community group conference (without the presence of the victims) in which he offered to make amends for the harm caused by his actions. While the Court of Appeal explicitly did not express general opposition to the concept of restorative justice, the Court upheld the original sentencing and rejected the appeal.

McElrea, F W M. The Crown v Junior Sami. Notes of Judge FWM McElrea on Sentencing.

These sentencing notes refer to a case of assault that went to a restorative process. The judge refers to the report from the process and its impact on each of the participants and how this influences his sentencing decisions.

Justice Doogue. Palenapa v R.

[35] It was further submitted for the appellant that restorative justice might have occurred had the Court been invited to adjourn sentencing for that process. It was also submitted that reparation was not considered at sentencing. [36] For the appellant it was submitted that a final sentence of two years imprisonment with leave to apply for home detention is the appropriate response to the appellant’s appeal. This is in particular because of the personal and family circumstances of the appellant, the fact that her husband is in custody, her willingness to pay reparation to the victims and her willingness to undertake restorative processes in order to provide for the interests of the victim. (excerpt)