U3AOS1 Topic 14: Factors considered in sentencing

Study design dot point: - Factors considered in sentencing, including aggravating factors, mitigating factors, guilty pleas and victim impact statements.

Preface:

- For this topic, the questions typically revolve around explaining/outlining/describing the impact of these factors in relation to sentencing. That is, students need to understand how each factor directly impacts the court in the sentencing phase of a criminal case. Typically, a stimulus may involve a judge's comments during the sentencing phase of a criminal case. Students should understand the factors considered in sentencing in various scenarios, and ensure they make strong connections to the stimulus if faced with a question on this topic.

Aggravating factors:

- can increase the culpability of the offender which increases the seriousness/severity of the offence. This would naturally increase the severity of the sentence that the court imposes on the offender.

- examples include: the offending was premeditated/planned, the offender had used violence or weapons when committing the offence, the offender's actions were motivated by any form of prejudice against a particular group and if the offender targeted a vulnerable group/member of society. 

Mitigating factors:

- can decrease the culpability of the offender and the degree/extent to which they are at fault for the offence. Mitigating factors can decrease the seriousness/severity/gravity/nature of the offence which may lead to the court imposing a less severe sanction. 

- can reduce the seriousness/severity of the offence which can reduce the severity of the sentence that a court imposes on the offender.

- can decrease the culpability of the offender and the degree to which they are at fault for the offence.

- can incentivise the court to impose a less severe sanction onto the offender.

- examples include: the offending was premeditated/planned, the offender had used violence or weapons when offending committing the offence, the offender's actions were motivated by any form of prejudice against a particular group and if the offender targeted a vulnerable group/member of society.

Guilty pleas:

- refers to when the offender formally admits/provides a full admission of their guilt to the court.

- can act as a mitigating factor if an offender engages in a guilty plea at an early stage of their criminal case. 

- can benefit the parties, the victim(s), their family and the rest of society as it can help avoid the costs, time and stress/trauma associated with a criminal case.

- can result in a sentencing discount, where the court imposes a sentence of reduced severity.

Victim impact statements:

- is a statement that is made by a victim that outlines and explains the impact that the offending has had on them. This can include the emotional and psychological trauma they have experienced as a result of the offender's criminal conduct.

- can potentially increase the severity of the sentence that is imposed by the court.

Note:
- When talking about aggravating and mitigating factors, make sure to emphasise how these factors influence the culpability of the offender and the nature of the offence.