factors considered in sentencing - 3.1.14

Question 1

what are aggravating factors?

Answer 1

factors that may increase the accused person’s sentence

Question 2

what are mitigating factors?

Answer 2

factors that may decrease the accused person’s sentence

Question 3

what is a victim impact statement?

Answer 3

a statement written by the victim to be said in court during sentencing

Question 4

what is included in aggravating factors?

Answer 4

• use of violence/weapon
• the nature and gravity of tyhe offence
• offender being motivated by hatred or prejudice against a group
• vulnerabilities of the victim
• if offence took place in front of children
• breach of trust by the offender towards the victim
• if the offence occured while on a CCO or on bail

Question 5

what is included in mitigating factors:

Answer 5

• offender shows remorse
• no prior convictions
• acting under duress (threats)
• has prospects of rehabilitation
• under personal strain or have a unique background
• harm caused was not substantial
• offender was young or has a disability
• pleaded guilty early

Question 6

t i

what is a victim impact sentence?

Answer 6

• statement that contains particulars of any injury, loss or damage suffered by the victim as a result of the offence.
• it must be filed before sentencing if offender is found guilty

Question 7

what are key features of a victim impact statement

Answer 7

what to put:
- emotional/physical/financial/social impacts

what not to put:
- describe the crime more than what is necessary
- say what sentence the offender should receive
- mention prior crimes of the offender
- give opinion and use inappropriate language

Question 8

what are guilty pleas.

Answer 8

early = reduced sentence is almost guaranteed
considerations: time, money, resources that is saves the state
during = increased sentence is likely