Sentencing Flashcards
(17 cards)
Statutory Aggrevating factors?
- Previous convictions
- offences committed on bail
- Homophic
- Racially motivated
Other aggrevating factors
- Under the influence
- planned
- part of gang
- towards service provider
- towards vulnerable person
- weapon
- abuse of position of trust
- sentimental property
Other mitigating factors
- impulse
- fear
- provoked
- reparations
- mental health
- very yound/old
Guilty plea reduction + when?
- Max 1/3rd reduction: First hearing in MC
- Max 1/4 reducton: PTPH
- Max 1/10th on 1st day of proceedings
Concurrent sentence
Serve at same time (or choose longer one)
- arise out of same facts/incident
Consecutive sentecne
Added together (use if seperate facts or unjust to use concurrent sentence)
What does it mean if D asks to take offences into consideration?
Any other offences D is convicted for in same proceedings can be added wihtout additionla prosecution
When do you ask for pre-sentence report?
Plead guilty + likely to be sentenced in Magistrates Court
Why would you ask for pre-sentence report?
Suggest an appropriate sentence (not binding)
Plea in mitigation structure
- likley sentence
- circumstances of offence
- details of offender
- likrly sentence
Custodial Sentence
Meet Custody threshold
Suspended sentence
- recieved custodial threshold not N/A
- comply with conditions
- breach of conditions/commit new offence = consecutive both sentences or fine
Custody threshold
Offence is so serious a fine nor a community order is justifiable in the offence
Community order
Meet community threshold
- conditions to meet
- admit breach = £2500 fine/onerous conditions or revoke + resentence
- deny breach = proceedings
Conditions of community order
- unpaid work
- residence
- curfew
- rehab programme
When are Newton hearings held?
D disputes factual evidence P rely on
‘Basis of plea’
D sets out their version of events (w/o aggrevating factors) + P can accept to avoid Newton Hearing
