U3A1 part 2 lesson 7

Question 1

aggravating factors

Answer 1

facts, circumstances about the offender or, the offence that tends to increase the offender’s culpability and, therefore likely to increase the severity of their sentence

Aggravating factors are generally a reflection of the offender’s ‘evil’ or ‘heinous’ nature or the degree of harm resulting from the offence.

Question 2

culpability

Answer 2

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

Question 3

examples of aggravating factors

Answer 3

Whether the crime was planned/premeditation

The degree of brutality and cruelty, the offence was unprovoked or involved domestic violence

The victim was a particularly vulnerable person e.g., a child, the elderly or a person with disability

Question 4

mitigating factors

Answer 4

circumstances that a court should consider when determining the appropriate sentence. These circumstance can be relevant to the offender, the victim or the crime itself and, may decrease the offender’s culpability and, likely lead to a less severe sanction/s

Question 5

examples of mitigating factors

Answer 5

• The age of the offender, a young offender = less mature but more capable of rehab
• Traumatic personal history
• Limited or not prior criminal history
• The offender pleaded guilty early

Question 6

benefit of guilty plea: victim

Answer 6

Avoids the stress and trauma involved in going to trial

Question 7

benefit of guilty plea: accused

Answer 7

Avoids the stress, time, and costs involved in a criminal trial

Question 8

benefit of guilty plea: society

Answer 8

Saves costs and time involved in conducting a trial

Question 9

benefit of guilty plea: courts

Answer 9

Workloads are reduced, minimising delays in other criminal matters that go to trial

Question 10

how VIS increase severity of sanction

Answer 10

The purpose of a VIS is to inform the court/sentencing judge of the severity of the offence. If the VIS indicates the crime has had a significant impact on the victim, the court will most likely increase the severity of the sanction imposed.

Question 11

how VIS reduce severity of sanction

Answer 11

if a VIS indicates the victim forgives the offender, this may result in a less severe sanction.

Question 12

factors the court considers when determining appropriate sanction

Answer 12

factors listed in the sentencing act 1991 (Vic)

aggravating factors
mitigating factors
guilty plea
victim impact statement

Question 13

VIS

Answer 13

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

A VIS may include:
* The physical impacts - the degree of injury
* Emotional loss
* Financial loss