U3AOS1 Topic 14: Factors considered in sentencing

Key Knowledge Dot Point:

1. Factors considered in sentencing, including aggravating factors, mitigating factors, guilty pleas and victim impact statements.

Preface:

1. 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:

1. 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.
2. 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:

1. 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. 
2. These can reduce the seriousness/severity of the offence which can reduce the severity of the sentence that a court imposes on the offender. It can also decrease the culpability of the offender and the degree to which they are at fault for the offence.
3. 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:

1. Guilty pleas refer to when the offender formally admits/provides a full admission of their guilt to the court.
2. Guilty pleas can act as a mitigating factor if an offender engages in a guilty plea at an early stage of their criminal case. 
3. This 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. It can also result in a sentencing discount for the accused, where the court imposes a sentence of reduced severity.

Victim impact statements:

1. A victim impact statement refers to 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.
2. Victim impact statements can potentially increase the severity of the sentence that is imposed by the court.

Note:

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