Agravating and Mitigating factors, AND Types of Sentencing

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  • Created by: Amy
  • Created on: 21-03-10 17:24

What factors will a court take into account when sentencing a defendant?

The courts will take into account any Aggravating and any Mitigating factors. Aggravating factors include any previous convictions of the defendant. For example if the D has committed a crime which was done through racism, and has a previous conviction for hate crime. If the defendant committed a crime on bail then that would also be an aggravating factor. Any crime which is racial motivated, or is against a disabled person will be an aggravating factor, as well as any crime which involves religious hostility or prejudice against a persons sexual orientation. Finally if the defendant used a weapon when committing the crime, the that will also be an aggravating

Oppositely, there can also be mitigating factors. If the offence if the defendants first, then this will be taken into account. If the defendant shows remorse,

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