5. Sentencing Principles

Question 1

What are three aggravating factors which must be taken into account on sentencing?

Answer 1

1. Previous convictions, having regard to their nature and time passed
2. Offence committed on bail
3. Motivated by protected characteristic of victim

Question 2

What are nine aggravating factors which may be taken into account on sentencing?

Answer 2

1. Premeditation
2. Committed in a group
3. Vulnerable victim
4. Drunk or on drugs
5. Abuse of position of trust
6. Weapon
7. Gratuitous violence
8. Victim providing public service
9. High value or sentimental nature of property

Question 3

What are seven mitigating factors which may be taken into account on sentencing?

Answer 3

1. Impulse
2. Provocation
3. Disability/mental illness
4. Very young/old
5. Minor role played
6. Motivated by fear
7. Reparation to victim

Question 4

What is the totality principle the court will consider when sentencing?

Answer 4

Overall sentence must be proportionate to the overall seriousness of the behaviour

Question 5

When will sentences for multiple offences generally be served concurrently?

Answer 5

Offences are connected and arise out of the same matter, and the defendant is found guilty of more than one

Question 6

When will sentences for multiple offences generally be served consecutively?

Answer 6

Offences did not arise out of the same matter

Question 7

What reduction in sentence will the defendant receive if they plead guilty at the first available opportunity?

Answer 7

One third off

Question 8

What does the custody threshold test provide, which must be passed before a custodial sentence can be imposed?

Answer 8

No offender should be sentenced to a custodial sentence unless the offence (or series of offences) is so serious that neither a fine nor a community order will suffice

Question 9

What sentences can the (1) Magistrates Court and (2) Crown Court suspend, and how can can they be suspended for?

Answer 9

Magistrates Court can suspend a six month sentence and Crown Court can suspend a two year sentence, both for a maximum of two years

Question 10

When is a Newton Hearing held?

Answer 10

When a defendant wants to plead guilty on a specified basis because they accept their culpability but do not agree with the full facts set out by the prosecution, a Newton hearing will be held if the prosecution disputes the defendant’s account

Question 11

What happens if a Newton hearing is settled in (1) the prosecution’s favour and (2) the defendant’s favour?

Answer 11

Prosecution’s favour: Defendant loses 1/3 credit for pleading guilty
Defence’s favour: Defendant retains 1/3 credit