Sentencing Factors

Question 1

What are the four factors?

Answer 1

• Aggravating
• Mitigating
• Guilty plea
• Victim Impact Statements (VIS)

Question 2

What are aggravating factors?

Answer 2

• Facts and circumstances about the offender or the offence that tends to increase the offender’s culpability and therefore is likely to increase the severity of the sentence

Question 3

What is culpability?

Answer 3

• A measure of the degree to which an individual can be held legally responsible for a criminal act

Question 4

Examples of aggravating factors (x4)

Answer 4

• Whether the crime was planned or premeditated
• The degree of brutality and cruelty, whether the offence was unprovoked or involved domestic violence
• The offender had prior convictions or was on bail or serving a CCO
• The crime was committed in front of children

Question 5

What are mitigating factors?

Answer 5

• Circumstances that the court should consider when determining the appropriate sentence. They are circumstances relevant to the offender, the victim or the crime itself, and may decrease the offenders culpability and lead to a less severe sanction

Question 6

Examples of mitigating factors (x4)

Answer 6

• Genuine remorse (such as assisting the police or clearly being in distress)
• The age of the offender, such as a young offender and their prior criminal history
• Traumatic personal history, such as family violence, drug addiction or alcoholism
• The crime was a result of provocation

Question 7

What is a guilty plea?

Answer 7

• A full admission of guilt by the accused person of an offence for which they have been charged

Question 8

What is a sentencing discount?

Answer 8

• A reduction in an offenders sentence that they received for pleading guilty to an offence. In some circumstances, the court must state the sentence imposed and what the sentence would have been if the accused did not plead guilty for transparency

Question 9

Benefits of early guilty pleas (x4)

Answer 9

• The prosecution does not have to prove the guilt of the accused
• The victims avoid the distress and trauma involved in going to trial and presenting evidence
• The accused avoids the stress, time and costs involved in a criminal trial
• The courts have reduced workloads, and this can minimise delays in other criminal matters

Question 10

What is a victim impact statement (VIS)?

Answer 10

• A written or verbal statement made to a court about the effect of the offence on the victim

Question 11

What can a VIS include?

Answer 11

• The physical impacts or degree of injury
• Emotional loss
• Financial loss
• Could incorporate photographs to demonstrate the extent of loss

Question 12

How can a VIS impact the sentence?

Answer 12

• If it is clear that the crime has had a severe impact on victims, then the sentence is likely to increase
• If it is clear that the impact was minimal, or that the victim has forgiven the offender, the sentence is likely to be lower