Factors considered when sentencing

Question 1

What are aggravating factors

Answer 1

Refers to facts or circumstances about an offender or an offence that can lead to a more severe sentence

Question 2

Examples of aggravating factors

Answer 2

• The use of violence, explosives or weapons
• Whether the offending was planned
• The nature and gravity of the offence&raquo_space; How did it impact the victim
• Any vulnerabilities of the victim
• The offender being motivated by hatred or prejudice against a group of people
• The offence taking place in front of children, or seen by children
• A breach of trust by the offender towards the victim&raquo_space; The offender was in a position of trust
• Prior convictions of the offender
• The offence occurred while the offender was on a CCO, on parole or on bail

Question 3

What are mitigating factors

Answer 3

Refers to facts or circumstances about an offender or an offence that can lead to a less severe sentence

Question 4

Examples of mitigating factors

Answer 4

• The offender showed remorse
• The offender has no prior criminal history
• The offender was acting under duress
• The offender has shown efforts towards rehabilitation OR has good prospects of rehabilitation
• The offender was under personal strain OR they have a unique background&raquo_space; difficult & violent childhood
• The effect that prison may have on the offender
• The injury or harm caused by the offender was not substantial OR there was no risk to any people
• The offender was young OR had a disability which made them unaware of the consequences
• The offender pleaded guilty early

Question 5

What is a guilty plea

Answer 5

When an offender formally admits guilt, which is then considered by the court when sentencing.

Question 6

How is guilty plea considered a mitigating factor

Answer 6

A guilty plea before or at the start of a trial can result in a reduced sentence as it saves time, expenses and stress of a trial and therefore acts as a mitigating factor.
- Offenders may consider guilty pleas if they are aware it results in a reduced sentence

Question 7

Strengths of guilty plea

Answer 7

Avoids stress, time and expenses of a trial

Question 8

What are victim impact statements

Answer 8

A victim impact statement is filed with the court by a victim that is considered by the court when sentencing. It contains particulars of any injury, loss or damage suffered by the victim as a result of the offence.

Question 9

How do victim impact statements factor into sentencing

Answer 9

When sentencing an offender, the court must consider the impact of the offence on the victim & the personal circumstances of the victim.
- A victim may make the statement to the court if the accused is found guilty of the offence
- Victims may also request for their statement to be read aloud in open court
- Victim impact statements are used widely by the courts to allow victims to have their say in the sentencing process.