Sentencing Factors

• Factors that may reduce the sentence


  • Nature and gravity of offence
  • Early guilty plea
  • Mitigating factors
  • Lack of prior offending
  • Remorse
• Nature and gravity of offence

  If the offending is on the low end of the scale of seriousness then this may persuade the court that a sentence less than the maximum penalty should be imposed
• Early guilty plea

  If an offender has pleaded guilty, a court may impose a lesser sentence. Also, the earlier in the process the guilty plea is submitted, the better. An early guilty plea can reduce an offender's sentence as it saves time and resources by not having to have a trial. It also spares the witnesses and victims the trauma and inconvenience of a trial
• Mitigating factors


  Factors that reduce the seriousness of an offence or the offender's culpability. Examples include where the offender was acting under duress, the offender's good prospects of rehabilitation, any personal strain the offender was under, the lack of injury or harm caused by the offence, or full admissions made by the offender. An early guilty plea and remorse are also mitigating factors
• Lack of prior offending


  If the offender has not offended before, this is likely to work in their favour, as their offending may be considered to be a one-off incident. This can also show an offender's lack of criminality
• Remorse


  If the offender shows significant remorse, then the court may take this into account. Remorse can be demonstrated through an early guilty plea, apologies to victims, early confessions or admissions, or full cooperation with investigative agencies (e.g. the police)
• Factors that may increase the sentence


  • Nature and gravity of the offence
  • Aggravating factors
  • Prior offending
  • Impact of the offence on any victim
  • Injury, loss or damage as a result of the offence
• Nature and gravity of the offence

  If the offending is on the high end of the scale of seriousness, the court may view a higher sentence as more appropriate. For example, the use of weapons, or the intentional conduct of the offender, are likely to increase a sentence
• Aggravating factors


  Factors that increase the seriousness of the offence and the offender's culpability. Such factors include the use of violence or explosives, the offence taking place in front of children, the offender being motivated by hatred or prejudice, or the offender being in a position of trust and breaching that trust (e.g. a parent committing a crime against a child)
• Prior offending


  If the offender has engaged in previous criminal behaviour, then this may result in the sentence being increased
• Impact of the offence on any victim


  If the victim has significantly suffered as a result of the offence, then this may persuade the court to increase the sentence. The victim can demonstrate their loss or suffering by filing a victim impact statement, which is read in court during sentencing
• Injury, loss or damage as a result of the offence


  If there was significant injury, loss or damage to property or to a person, then this is likely to increase the sentence. For example, if someone died, or there was widespread property damage, this is taken into account