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4.3 factors affecting sentencing


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4.3 factors affecting sentencing

  1. 1. FACTORS AFFECTING SENTENCING Sentencing and Punishment
  2. 2.  Not in the offender’s favour – lead to increased sentence  Favourable to the offender – lead to a reduced sentence Aggravating Factors Mitigating Factors
  3. 3.  was the crime committed in company?  was there gratuitous violence?  was the victim a child?  was that child under the care of the offender?  whether the offender has pleaded guilty  whether the defendant’s actions were in some way provoked by the victim Aggravating Factors Mitigating Factors
  4. 4. • Victims have been able to make Impact Statements in NSW courts since 1996 • Judges determine how they will respond to these statements Role of the Victim in Sentencing
  5. 5. Appeals  A defendant has the right to appeal to a higher court against the severity of their sentence.  Defendants can also appeal against their conviction on the grounds that an error of law was made in the original hearing, or an error partly based on the facts and partly grounded in law.  The prosecution can also appeal if they believe that the sentence imposed is too lenient.