1. Introduction & Purpose
This brief is submitted under s 27 of the Sentencing Act 2002, requesting that the court hear from persons speaking to the offender’s personal, family, whānau, community, and cultural background; the way this background relates to the offence; processes that have been tried or are available to resolve issues; support from his community; and how his background and support network are relevant to possible sentencing.
2. Personal / Family / Whānau / Community / Cultural Background
- Upbringing & Familial Relationships: Born to [parents details], raised in [location], first-generation [ethnicity/culture], with disruptions due to [e.g. family separation, economic hardship].
- Cultural Identity & Connection: He identifies with [cultural group] through whakapapa of [name lineage/clan], participating in [cultural practice, e.g. marae, hui]. Cultural belonging has historically grounded him, though family circumstances caused detachment.
- Socio-Economic Context: Grew up experiencing financial insecurity, unstable housing, and limited educational opportunities. These factors contributed to a sense of marginalisation and vulnerability to exploitation.
- Psychological & Trauma-Related Factors: Exposure to [e.g. domestic violence, parental addiction] during childhood, without access to support systems. He has since sought counselling, evidencing early steps toward healing.
3. Connection Between Background & Offending
It is well-recognised that early trauma, lack of stable support, and socio-economic marginalisation increase vulnerability to being drawn into criminal networks. This court has acknowledged the role of such factors in reducing moral culpability under s 27.
Although the offending is serious, the client’s background explains how a man who would otherwise never engage in drug importation was manipulated and placed in circumstances beyond his control. The court is invited to consider his reduced moral culpability in this context.
4. Actions Taken or Available to Resolve Issues
4.1 Counselling & Support
Since arrest, he has participated in [e.g., psychological counselling, addiction education], reflecting proactive engagement with rehabilitation.
4.2 Cultural Reintegration
He has reconnected with [cultural elder or kaumatua], attended [cultural workshops/marae programmes], drawing strength and accountability from his iwi.
4.3 Family Whānau Support
His family, including [names and relation], stand ready to provide emotional and residential stability upon release, and have offered regular supportive contact during his home detention.
5. Support That Will Prevent Further Offending
As a result of his participation in Counselling and Support (4.1), [name] has recognised that his offending was due to lack of support from his network, and because he was unprepared to deal with [example trigger]. The following combination will ensure he receives the support he needs to prevent reoffending.
5.1 Whānau/Home Stability
Plans are in place for stable accommodation with family upon release.
5.2 Employment & Skills
He has completed [training or educational course] and secured a job offer in [sector], which he intends to take up.
5.3 Cultural Mentorship
His kaumātua/mentor, [name], commits to ongoing guidance through cultural identity and reintegration into community life.
5.4 Counselling Commitment
He proposes continued therapy or AOD support post-release if beneficial.
6. Relevance to Possible Sentencing
In accordance with s 27(e), the factors above bear on the purpose of sentencing in two respects:
- Mitigation of Moral Culpability – Under s 9 of the Sentencing Act, background and rehabilitation are legitimate mitigating factors; supportive and culturally-informed sentencing is consistent with judicial directives.
- Least Restrictive Options & Rehabilitation – The court is invited to consider whether a structured parole regime or home detention, supported by his whānau and community, may be the least restrictive but effective alternative to imprisonment.
Declaration
I, [Name], [relationship to offender], solemnly affirm/swear that the contents of the above sections are true to the best of my knowledge and belief.
Signature: ______________________ Date: ____________
Attachments
- Letters of support from family/whānau
- Statement from cultural mentor/kaumātua
- Certificates/completion evidence of rehabilitation programmes
- Psychological/counselling reports
- Employment offer or educational certificates
Next Steps
- Identify speakers: e.g., kaumātua, whānau, mentors, counsellors.
- Confirm key details: whakapapa lines; programmes completed.
- File the brief with court registry and provide copies to Crown and Judge at least [X] days prior.
- Prepare speakers to address the five relevant topics under s 27 at sentencing.
When applied accurately, ai s 27 cultural report can humanise the offender, contextualise try oaq the root causes, and support a sentence focused on rehabilitation.
Get in touch with YJ Consulting if you’d like assistance with completing a cultural report, receive support/assistance with drafting a cultural report, preparing the affidavits in preparation for a sentencing or parole hearing, or if you need help drafting an affidavit.
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