Mitigating factors
Victoria Sentencing Act 1991 s5 - sentencing guidelines court must consider any mitigating factor concerning the offender
S6 numbers seriousness, date, relevant and nature of previous findings of guilt of the offender
fresh evidence/new evidence
Crimes (sentencing Procedure ) Act 1999 s21A NSW
The general reputation of the offender and any significant contributions made by the offender to the community
Pantazis v the Queen
must be fresh evidence
must demostate tue signigicance of facts in existance at the time of the sentence
Evidence will not be admitted if it relates only to events whch hac occured after sentence which turned out toe be excessive
new evidence may be admissable
was original sentence visited by error or was it manisfestly excessive
should the sentence should be substituted to avoid a miscarriage of justice
Mitigating Factors
A. Offenders response to charge
(1) guilty plea
(2) co-operations with police/authorities
(3) remorse
(4) voluntary disclosure of crime/cessation of offending
B. Explanation for offending
(1) mental Impairment intellectual disability
(2) drug/alchohol/gambling addicition
(3) deprived upbringing
C. Personal features
(1) youth
(2) drug/alcohol/gambling addiction
(3) prospects of rehabilitation
D. Incidental hardships
(1) Prison conductions
(2) forfeiture orders
(3) poor health/illness
(4) loss of employment
(5) public opprobrium
(6) restitution
E. Circumstances related to the offending
(1) consent to crime
(2) forgiveness of victim
(3) duress in committing offence
(4) provocation
(5) delay
(6) injury during commission of offence