Sentencing factors

Sentencing factors

Includes: 

Aggravating factors - things that support a harsher penalty

Mitigating factors - things that support a lighter penalty

Guilty plea - pleading guilty, earlier in the process supports a lighter penalty.

Victim Impact Statements - tend to support a harsher penalty. 

AGGRAVATING FACTORS

• Use of violence and weapons

• Nature of the offence including pre-planning, unprovoked, cruelty

• Vulnerability of victim

• Position of trust or authority of offender

• Offence seen by children

• Offence motivated by hatred or prejudice against a social group

• Was the offender on CCO, bail or similar. 

MITIGATING FACTORS

• Provocation (increasingly controversial as victim blaming)

• Remorse of offender

• First offence

• Acting under duress

• Co-operation with police

• Efforts toward rehab

• Personal strain

• Minimal personal harm. 

• Young or somewhat impaired.

• Early guilty pleas.