Factors considered by judges in sentencing

Question 1

Factors that may reduce a sentence:

Answer 1

• Nature and gravity of offence
• Early guilty plea
• Mitigating factors
• Lack of prior offending
• Remorse

Question 2

Nature and gravity of offence

Answer 2

Offending at low end of scale may persuade court to impose less than maximum sentence

Question 3

Early guilty plea

Answer 3

Attracts lower sentence as saves time, cost and trauma of trial

Question 4

Mitigating factors

Answer 4

Accused may have acted under duress, have good prospects of rehabilitation or did not cause material harm to others

Question 5

Lack of prior offending

Answer 5

May indicate crime was one-off mistake

Question 6

Remorse

Answer 6

Can be demonstrated through early guilty plea, apology to victim, cooperation with police investigation

Question 7

Factors that may increase a sentence:

Answer 7

• Nature and gravity of offence
• Aggravating factors
• Previous offending
• Impact of crime on victim
• Injury, loss or damage from offence

Question 8

Nature and gravity of offence

Answer 8

Offending at the high end of the scale may persuade court to impose sentence close to maximum

Question 9

Aggravating factors

Answer 9

Factors that increase the seriousness of the crime could include violence, the crime being witnessed by children, or prejudice

Question 10

Previous offending

Answer 10

May indicate offender is not learning from prior mistakes

Question 11

Impact of crime on victim

Answer 11

A greater level of victim suffering may lead to a higher sentence

Question 12

Injury, loss or damage from offence

Answer 12

Significant injury, loss or damage will likely lead to a higher sentence