Plea in mitigation

Question 1

What is a plea in mitigation?

Answer 1

A submission to persuade the court to provide the most lenient possible sentence it can be reasonably expected to give for that offence

Question 2

What’s step 1 in plea of mitigation?

Answer 2

Reminding the court that a sentence must be proportionate to the seriousness of the offence bearing in mind D’s culpability and any potential harm from offence

Question 3

What is step 2 for plea in mitigation?

Answer 3

Sentencing guidelines: Identify the starting point for sentence and range of sentences available

Question 4

What is step 3 for plea in mitigation?

Answer 4

Consider the aggravating and mitigating factors

Question 5

What is step 4 for plea in mitigation?

Answer 5

If there’s multiple offences, explain why the sentences should be concurrent e.g. offences arose out of the same incident/facts

Question 6

What is a concurrent sentence?

Answer 6

Sentences for different offences served at the same time

Question 7

What is step 5 for a plea in mitigation?

Answer 7

Remind the court of credit for guilty plea

Question 8

What are 3 appropriate credits for guilty plea and what are their relevant timescales?

Answer 8

1/3 - D pleads guilty at first reasonable opportunity
1/4 - D pleads guility after a trial date is set
1/10 - D pleads guility after trial has begun “at the door of the court”

Question 9

What is step 6 for a plea in mitigation?

Answer 9

Recommending an appropriate sentence, considering steps 1-5