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Sentencing - Other Powers/Agg. and Mit. (Sentencing ladder (custodial…
Sentencing - Other Powers/Agg. and Mit.
Other powers available to the courts
compensation/restitution orders
make an oder for D to pay a sum of money to his V in compensation
deprivation/forfeiture orders
deprive D of property used to committ an offence
e.g. car
disqualification
of driving
Mitigating factors
less severe, decrease sentence
examples:
cooperation with authorities
minor involvement
ex. driver (unless murderer)
joint enterprise
mental illness - reports
physical illness - reports
evidence of genuine remorse - reports
reduction for guilty plea
Aggravating factors
more severe, increase sentence
examples:
prior convictions, especially if similar offence
if D was on bail
arrested and charged, bail is between this and trial
no bail for murder
racial/religious hostility
to victim/group of victims
was D part of a group
orchestrated events
if V is particularly vulnerable
low IQ etc.
pre-meditation
Sentencing ladder
custodial sentences
community penalty orders
fines
unconditional charges, conditional charges
disqualification, compensation orders, reparation orders