3.1.14 sentencing factors

Question 1

define aggravating factors

Answer 1

are factors that increase the seriousness of the offence, and consequentially, increase the culpability of the offender and the sentence imposed by the court.

Question 2

examples of aggravating factors

Answer 2

-use of violence, explosives or weapon when committing the offence

-the nature and gravity of the offence

-offence occurred while on a cco or bail

-a breach of a duty of care

Question 3

define mitigating factors

Answer 3

are factors that decrease the seriousness of an offence, and consequentially reduce the culpability of the offender and the sentence imposed by the court.

Question 4

examples of mitigating factors

Answer 4

-offenders being proved by the victims
-offender showing remorse
-no prior convictions
-offender acting under duress
-offender cooperating with police

Question 5

what are two reasons a court may take into account a guilty plea

Answer 5

1. if the offender knows at an early quality plea is taken into account when determining the sanction, encourages offenders to plead guilty earlier and save court resources.
2. earlier guilty pleas benefit the justice system by reducing the stress of a trail

Question 6

what is a victim impact statement

Answer 6

is a written or verbal statement presented to the court by a victim, describing how a crime has affected a victim, aiding the court in sentencing.

Question 7

what’s the purpose of a victim impact statement

Answer 7

is to assist the court in deciding on a suitable sentence.