Regional variation in sentencing: The incarceration of aggravated drink drivers in the New Zealand District Courts

Abstract

Consistency of sentencing outcomes is a key aspect of the achievement of justice. There is uncertainty and disagreement about whether consistency of sentencing outcomes is achieved between locations in New Zealand. This study uses administrative data to examine the degree to which similar offenders convicted of aggravated drink driving receive similar sentences for similar offending in the different circuits of the New Zealand District Courts. Logistic regression is used to control for offence seriousness, criminal history and offender demographics in order to isolate as far as possible the influence of location on sentencing decisions. Results show that while offence seriousness and criminal history combined have the greatest influence on sentencing, location is also influential, with substantial differences between circuits in the use of incarceration.