sentencing factors

• when sentencing judges and magistrates must take both aggravating and mitigating factors into account these factors may affect the level of sentence that is ultimately passed and are set out in ss63-75 sentencing act 2020
• aggravating factors

  • make the judge more likely to pass a harsher sentence
  • include situations where the victim is vulnerable
  • include situations where the defendant’s has previous convictions
  • includes situations where the defendant has breached a position of trust
  • use of a weapon
  • racially motivated / gang activity
• mitigating factors

  • make a lenient sentence more likely
  • Young defendant
  • No previous convictions
  • Early guilty plea
  • Showed remorse
  • Attempt attempts to compensate victim