Chapter 5.6

Question 1

sentancing factors

Answer 1

• aggravating factors
• mitigating factors
• guilty pleas
• the impact of the crime on victims, often determined through victim impact statements.

Question 2

Aggravating factors

Answer 2

Aggravating factors are circumstances about the offender or the offence that tend to increase the
offender’s culpability and the sentence that they will receive.
Examples of aggravating factors include:
- Use of violence, explosives, or a weapon
- Planned or premeditated offence
- Nature and gravity of the offence (e.g., brutality, family violence, unprovoked attack)
Victim’s vulnerabilities (e.g., disability, age, frailty)
- Offender motivated by hatred or prejudice
- Offence witnessed by children
- Breach of trust by the offender (e.g., parent or teacher abusing position)
- Prior convictions
Offence committed while on a CCO, parole, or bail

Question 3

Mitigating factors

Answer 3

Mitigating factors are circumstances that a court should consider when determining the appropriate
sentence. They can be circumstances relevant to the offender, the victim or the crime itself, and may
decrease the offender’s culpability and lead to a reduction in sentence. Examples of mitigating factors
include:
- The offender showed remorse (e.g., cooperation with police, early guilty plea, good behavior in court)
- No prior criminal history or good character
- Acting under duress
- Efforts or good prospects for rehabilitation
- Personal strain or unique background (e.g., difficult or violent childhood)
- The negative impact prison may have (e.g., serious mental health issues)
- Minimal injury or harm caused by the offence, or no risk to others
- Young age or disability affecting awareness of consequences
- Early guilty plea

Question 4

Guilty pleas

Answer 4

When sentencing an offender, the court must consider whether they pleaded guilty and how early in the process the plea occurred. An early guilty plea is a mitigating factor that can result in a reduced sentence. The Sentencing Act encourages guilty pleas for several reasons:

• It can motivate offenders to plead guilty rather than go to trial.
• It benefits the criminal justice system, victims, families, and society by avoiding the costs and trauma of a trial.
• An early plea spares victims and families the emotional strain of a trial.

The earlier the plea, the greater the potential reduction in the sentence. If a less-severe sentence is imposed due to a guilty plea, the court must state the original sentence it would have imposed in certain cases, such as custodial sentences, CCOs of 2+ years, or significant fines.

Question 5

Victim impact statements

Answer 5

When sentencing an offender, the court must consider the impact of the offence on the victim and their personal circumstances, often conveyed through victim impact statements. These statements detail any injury, loss, or damage suffered by the victim as a result of the offence and help guide the court in deciding the sentence. Victims can submit medical or psychological reports alongside their statements. They may also request to have their statements read aloud in court, either by themselves or by someone else with court approval. Victim impact statements allow victims to participate in the sentencing process.