Sentencing factors Flashcards
When does sentencing occur?
After accused pleads guilty, or is found guilty by the court.
Occurs during the plea hearing.
Who decides the sentence?
The judge or Magistrate.
What is a sentence?
Penalty given to a person convicted of a crime.
Decided within possible punishments in legislation.
What must the judge consider for sentencing?
- current sentencing practices
- Maximum penalty for offence
- Impact on victim
- Mitigating and aggravating factors
- principles of sentencing
What is an aggrevating factor?
Circumstances considered in sentencing which can increase seriousness of offence/offender’s culpability, resuting in more severe sentence.
Circumstances that increase culpability and increase sentence imposed
Examples of aggrevating factors
- pre-planning/premeditation
- use of weapons and violence
- Motivated by prejudice or hatred
- vulnerabilities of victim (child, pregnant, etc.)
- prior convictions
What are mitigating factors?
Circumstances considered in sentencing that can reduce seriousness/offender’s culpability, leading to less serious sentence.
Circumstances that lessen culpability & reduce sentence imposed on them.
Examples of mitigating factors
- Offender’s age (young, old)
- Disadvantaged background
- Showing remorse
- Previous good character
- Effects of prison
Note: not showing remorse is NOT an aggrevating factor.
What is culpability?
Amount of blame/responsibility placed on offender for offence
What does the court consider for guilty pleas?
Whether offender plead guilty, stage in proceeding
Early guilty plea acts as mitigating factor, saves time and court resources.
Victim impact statement
Statement given by victim of crime detailing impact of offence.
Or victim’s family if victim is deceased.
Is victim impact statement evidence?
No
Is victim impact statement an aggravating or mitigating factor?
VIS is generally an aggrevating factor, however can, in some cases, be a mitigating factor.
