5.6 Sentencing Factors Flashcards
Aggravating Factors
facts or circumstances about an offender or an offence that can lead to a more severe sentence.
Tend to increase culpability
Mitigating Factors
facts or circumstances about the offender or the offence that can lead to a less severe sentence.
decrease culpability
Guilty Plea
when an offender formally admits guilty, which is then considered by the court when sentencing
Victim Impact Statement
a statement filed with the court by a victim that is considered by the court when sentencing. It contains particulars of any injury, loss or damage suffered by the victim as a result of the offence.
Examples of Aggravating Factors
- use of violence in the offence
- premeditation
- nature and gravity
- vulnerabilities of victim
- motivation (hate/prejudice)
- presence of children
- breach of trust
- prior convictions
- whether already on CCO, parole/bail
Lack of Remorse is not aggravating - but remorse is mitigating
Examples of mitigating factors
- remorse (through cooperation, guilty plea, general behaviour)
- good character
- lack of prior convictions
- duress
- efforts towards rehabilitation
- personal strain / background
- effect of prison on offender
- little injury/harm caused
- age (young) or disability
- early guilty plea
Why is the court allowed to consider early guilty pleas as a mitigating factor`
- if the offender knows it can reduce a sentence, may be more inclined to plead (saving time …)
- avoids the expense and costs of a trial)
What happens if a guilty plea acts as a mitigating factor
If it reduces the sanction severity and the new sanction is:
* custodial sentence
* CCO 2+ yrs
* Fine of 10+ penalty units
* aggregate fine 20+ units
The court must state the sentence and non-parole period that would have been imposed
Purpose of Victim Impact Statements
- court consideres the impact of the offence through the statement
- contains loss / injury suffered - assists the court
Can be read aloud, either by victim or approved person
