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Cossey v R : Clair Caird misgendering and the sentencing of gender diverse individuals in Aotearoa New Zealand

By: Material type: ArticleArticleSeries: New Zealand Women's Law Journal - Te Aho Kawe Kaupapa Ture a ngā WāhinePublication details: LexisNexis, 2022Subject(s): Online resources: In: New Zealand Women's Law Journal - Te Aho Kawe Kaupapa Ture a ngā Wāhine, 2022, 7: 46-63Summary: In the last 10 years, domestic and international research has shown that gender-diverse inmates experience more hardship in custody than their cisgendered counterparts because, among other matters, gender-diverse inmates face a greater risk of violence, sexual assault, social exclusion and bullying.[1] As that research has developed, two issues have come before the courts in New Zealand. First, whether gender-diverse or transgender offenders should have their sentences reduced under s 8(h) of the Sentencing Act 2002 (the Act) on the basis that imprisonment will have a disproportionate impact on them compared to cisgendered inmates.2 And second, if transgender offenders’ sentences should be reduced, then by how much? (From the introduction). Record #8217
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New Zealand Women's Law Journal - Te Aho Kawe Kaupapa Ture a ngā Wāhine, 2022, 7: 46-63

In the last 10 years, domestic and international research has shown that gender-diverse inmates experience more hardship in custody than their cisgendered counterparts because, among other matters, gender-diverse inmates face a
greater risk of violence, sexual assault, social exclusion and bullying.[1]

As that research has developed, two issues have come before the courts in New Zealand. First, whether gender-diverse or transgender offenders should have their sentences reduced under s 8(h) of the Sentencing Act 2002 (the
Act) on the basis that imprisonment will have a disproportionate impact on them compared to cisgendered inmates.2 And second, if transgender offenders’
sentences should be reduced, then by how much? (From the introduction). Record #8217