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

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2
Q

What Is a mitigating factor

A

Those that tend to lessen the blamewortheyness of the defendant or the gravity of the offense

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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
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4
Q
A
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