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Factors considered in sentencing (Mitigating factors (decreases severity…
Factors considered in sentencing
Mitigating factors
offender showed remorse
offender was acting under duress
decreases
severity of offence or offenders culpability
may lead to lesser sentence
Aggravating factors
offender has criminal record
offender used weapon
increases
severity of offence or offenders culpability
may lead to higher sentence
Guilty pleas
saves community cost of full trial and reduce delays
spare victims trauma of trial
judge must take guilty plea into account and apply sentence discount
earlier the plea = greater the discount
Victim Impact Statements
victims have their say in sentencing process
contains particulars about any loss, injury or damage; the impact the crime has had on victim
victim may want to read statement aloud in court