Page updated on: Friday April 23, 2010
Section 196, Crimes Act
Common Assault
"Every one is liable to imprisonment for a term not exceeding one year who assaults any other person."
> Anyone who has been charged with common assault can be imprisoned, but this term must be 1 year or less.
Section 58, Land Transport Act
Driving while under the influence of alcohol or drugs
"(1) A person commits an offence if the person drives or attempts to drive a motor vehicle on a road while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle.
(2) If a person is convicted of a first or second offence against subsection (1),
(a) The maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
(b) The court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more."
>If you are charged with driving while under the influence of alcohol or drugs you must also be disqualified for driving for at least six months and you may be imprisoned for up to three months or receive a fine of up to $4500.
Maximum sentences are hardly ever imposed. Only the most serious offending will carry the maximum sentence the law provides for a certain crime.
Instead, the Judge starts towards the bottom of the sentencing range and considers factors relating to the offence and to you as a person. These factors are set down in the Sentencing Act 2002.
Judges have the discretion to decide sentences but the Sentencing Act sets out the general purposes and principles of sentencing: it lists aggravating and mitigating factors the court must take into account to the extent they are applicable to the case, it specifies the purpose for which each kind of sentence can be imposed; and it requires Judges to provide reasons, in open court, for the sentence or order given at a level of detail appropriate to the offence.