Criminal Law

Question 1

What are aggravating factors that MUST be taken into account?

Answer 1

• Previous convictions (if reasonable to do so)
• Offences committed whilst on bail
• Racial or religious aggravation
• Hostility based on sexual orientation, gender identity or disability

Question 2

What are aggravating factors that MAY be taken into account?

Answer 2

• Premeditated offences
• Group offences
• Vulnerable victims
• Intoxication
• Abuse of position
• Use of weapon
• Unjustified violence
• Damage to property
• Victim providing a public service
• High value/sentimental nature of property
• Failure to respond to previous sentence

Question 3

What are mitigating factors that MAY be taken into account?

Answer 3

• Offence committed on impulse
• D highly provoked
• D has disability or mental illness
• D is very young/old
• D played a minor role
• D motivated by fear
• D attempted to make reparations w victim