MITIGATING AND AGGRAVATING FACTORS Flashcards
1
Q
What is an Aggravating Factor
A
Those that make the offence more serious andreprehensible thus warranting a harsher punishment
2
Q
What Is a mitigating factor
A
Those that tend to lessen the blamewortheyness of the defendant or the gravity of the offense
3
Q
Examples of Aggravating Factors
A
- Prior criminal record or history of violence
- lack of remorse or indifference to the harm caused
- Commision of the offence while on probation or parole
- Vulnerability or particluary defenselessness of the victim
- pre-medetationor planning involved in the offense
- Hate crime motivations based on race, religion, ethnicity etc
4
Q
A