Sentencing Flashcards
Determining seriousness (aggravating and mitigating facts) - Statutory aggravating factors
4 situations when the sentencing court is obliged to treat an offence as being more serious than it would otherwise have done:
1) Previous convictions
2) Offences committed whilst on bail
3) Racial or religious aggravation
4) Hostility based on sexual orientation or disability
Determining seriousness (aggravating and mitigating facts) - Other aggravating factors
1) Offences that are planned or pre-meditated
2) Offenders operating in groups or gangs
3) The deliberate targeting of vulnerable groups
4) Offences committed whilst under the influence of drink or drugs
5) The use of a weapon
6) Deliberate and gratuitous violence or damage to property beyond that required to carry out offence
7) Offences involving abuse of a position of trust
8) Offences committed against those working in the public sector
9) in property offences the high value of property to victim
10) Failure to respond to previous sentences
Determining seriousness (aggravating and mitigating facts) - Other mitigating factors
1) Offences where the defendant has acted on impulse
2) When the defendant has experience a greater degree of provocation than normally expected
3) Defendants who are suffering from mental illness or physical disability
4) If the defendant is particularly young/old
5) The fact that the defendant played only a minor role in the offending
6) Defendants who were motivated by genuine fear
7) Defendants who have made attempts to make reparation to their victim
Determining seriousness (aggravating and mitigating facts) - What aggravating and mitigating mean
Aggravating will make the sentence longer. Mitigating will reduce it
Reduction of sentence due to a guilty plea
The full one third discount on sentence will only be available where a guilty plea is indicated at the first stage of proceedings:
- On a guilty plea at the first hearing in magistrates
- On a guilty plea at the first hearing in the magistrates where the case is then committed to crown court
- On indication of a guilty plea in the magistrates court to an offence triable only on indictment followed by a guilty plea at the first hearing in crown court
Where a guilty plea is indicated after this first stage the maximum level of reduction is one quarter - PTPH
The reduction should then decrease from one quarter to a minimum of one tenth where a guilty plea is entered on 1st day of trial
How the sentencing guidelines work - General 8 steps - Step 1 - Determining the offence category
3 categories identified to reflect differing levels in harm and culpability.
Category 1 - reflects both greater harm and enhanced culpability
Category 2 - Reflects either greater harm or enhanced culpability
Category 3 - Lesser harm and a lower level of culpability
How the sentencing guidelines work - General 8 steps - Step 2 - Shaping the provisional sentence Starting point and category range
Court should fine-tune the sentence by reference to aggravating and mitigating factors.
How the sentencing guidelines work - General 8 steps - Step 3 - Consider any factors which indicate a reduction in sentence
Allows the court to reduce the sentence where the offender has provided assistance to the police usually in relation to other matters.
How the sentencing guidelines work - General 8 steps - Step 5 - Imposing an extended sentence
Circumstances as to when a court will be required to consider imposing such a sentence where the offender is classified as a dangerous offender
How the sentencing guidelines work - General 8 steps - Step 6 - Totality principle
The court must consider this where an offender is being sentenced for a number of offences to ensure that the overall sentence is proportionate
How the sentencing guidelines work - General 8 steps - Step 7 - Compensation and other ancillary orders
The court is reminded of their duty to consider whether or not to order the offender to pay compensation and also make any other appropriate ancillary orders such as confiscation, destruction and forfeiture orders
How the sentencing guidelines work - General 8 steps - Step 8 - Giving reasons
This includes explaining to the offender the effect of the sentence that has been passed; the effect of non-compliance with the sentence and to identify the definitive sentencing guidelines that have been followed at reaching the sentence passed, including any explanation as to why the court has imposed a lesser sentence
Concurrent and consecutive sentences - Definition
If more than one offence. Court considers whether the sentences should be served either: 1) At the same time as each other (concurrent sentence) or 2) one after the other (consecutive sentence)
Pre-sentence report before plea - When to ask for one
The defenant will only ask for the report if the defendant will:
- Plead guilty to all offences
- Agree to co-operate with the probation service to prepare a report
Mitigation - Definition
Penultimate stage and this is for the defendant to have an opportunity to present mitigation before the sentencing court then considers and imposes its sentence. The objective is to persuade the sentencing court to impose upon the defendant the most lenient sentence which the court could reasonably be expected to give for that offence
