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 specific protected characteristics of victim (Race, Religion, Sexual orientation, Disability or Transgender Identity)

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 offending behaviour

Question 5

What are the mitigating factors a defence Solicitor can bring forward relating to the defendant, which a court can consider.

Answer 5

Question 6

When will sentences for multiple offences generally be served concurrently?

Answer 6

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

Question 7

When will sentences for multiple offences generally be served consecutively?

Answer 7

Offences did not arise out of the same matter

Question 8

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

Answer 8

One third off

Question 9

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

Answer 9

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 10

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

Answer 10

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 11

When is a Newton Hearing held?

Answer 11

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.

• allow both the CPS and the defendant to call evidence so that the court can determine the true factual circumstances of the offence on which the defendant’s sentence will be based.

Question 12

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

Answer 12

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

Question 13

What is a community order? Name examples of community order requirements

Answer 13

Community orders are sentences carried out in the community rather than in custody. The court can impose a community order if it considers an order to be the most suitable sentence for the offender.

A community order can consist of various elements including a(n):

• Curfew
• Mental health treatment requirement; and
• Drug rehabilitation or alcohol treatment requirement
• Unpaid work in community (40-300h in 12 month period)