Aggravating and Mitigating factors Q4

Question 1

Introduction

Answer 1

These are factors that affect the sentence given to D by the judge.

Question 2

Aggravating Factors

Answer 2

those which may make the judge pass a harsher sentence.

Question 3

What aggravating factors are there?

Answer 3

-They include vulnerable V; D having previous convictions; D breaching a position of trust; D using a weapon; or if the offence was racially motivated (For ABH this would increase the maximum sentence to 7 years.).

Question 4

Mitigating Factors

Answer 4

are those which may make the judge pass a more lenient sentence.

Question 5

What mitigating factors are there?

Answer 5

• They include D being young; D not having any previous convictions; D showing remorse;
• The most effective mitigating factor is showing remorse via an early guilty plea, which would reduce the sentence by 1/3 (section 144 of the Criminal Justice Act 2003).