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