Aggravating and Mitigating factors in Sentencing

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  • Created by: katie
  • Created on: 10-04-14 09:26

Aggravating Factors

  • Any harm caused or intended on the victim
  • Previous similar convictions
  • If on bail when committing the offence
  • Racial or religious hostility; hostility because of disability or sexual orientation
  • Part of a group attack
  • Vulnerable victim (children or elders)
  • Victim serving the public (assault on a nurse in hospital)
  • Premeditation
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Mitigating factors

  • Co-operation with police (identifying others involved)
  • Mental illness
  • Physical illness
  • No previous convictions
  • Evidence of genuine remorse
  • Guilty plea:
  • Grants defendant 1/3 off if at the first reasonable opportunity
  • Grants 1/4 off if plea when the trial is set
  • Up to 1/10 when trial has begun
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