Factors considered by judges in sentencing Flashcards
Factors that may reduce a sentence:
- Nature and gravity of offence
- Early guilty plea
- Mitigating factors
- Lack of prior offending
- Remorse
Nature and gravity of offence
Offending at low end of scale may persuade court to impose less than maximum sentence
Early guilty plea
Attracts lower sentence as saves time, cost and trauma of trial
Mitigating factors
Accused may have acted under duress, have good prospects of rehabilitation or did not cause material harm to others
Lack of prior offending
May indicate crime was one-off mistake
Remorse
Can be demonstrated through early guilty plea, apology to victim, cooperation with police investigation
Factors that may increase a sentence:
- Nature and gravity of offence
- Aggravating factors
- Previous offending
- Impact of crime on victim
- Injury, loss or damage from offence
Nature and gravity of offence
Offending at the high end of the scale may persuade court to impose sentence close to maximum
Aggravating factors
Factors that increase the seriousness of the crime could include violence, the crime being witnessed by children, or prejudice
Previous offending
May indicate offender is not learning from prior mistakes
Impact of crime on victim
A greater level of victim suffering may lead to a higher sentence
Injury, loss or damage from offence
Significant injury, loss or damage will likely lead to a higher sentence