Sentencing

Question 1

Aims of sentencing

Answer 1

Retribution: offender deserves punishment
Deterrence: (Individual) = prevent D re-offending
(General) = prevent others from offending
Reform and Rehabilitation: altering D’s behaviour to prevent re-offending
Reparation: compensating V and society as a whole
Denunciation: expressing society’s disapproval of an offender’s behaviour

Question 2

Available sentences

Answer 2

Custodial sentences (mandatory, fixed term or suspended), mandatory and discretionary life
Community orders (unpaid work, curfews, prohibition orders)
Fines
Discharges (absolute or conditional)

Question 3

Aggravating factors

Answer 3

Previous convictions of similar offences
Racial or religious hostility
Hostility to sexuality or disability
Gangs, weapons and premeditation
V serving public
Particularly vulnerable V

Question 4

Mitigating factors

Answer 4

Mental or physical illness
Co-operation or genuine remorse
No previous convictions
1/3 reduction for plea at first reasonable opportunity
1/10 when trial has begun