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Jordyn is a homeless youth and is being sentenced for armed robbery - HSC - SSCE Legal Studies - Question 15 - 2019 - Paper 1

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Jordyn is a homeless youth and is being sentenced for armed robbery. This is his second offence. Which of the following is a mitigating circumstance? A. Jordyn’s a... show full transcript

Worked Solution & Example Answer:Jordyn is a homeless youth and is being sentenced for armed robbery - HSC - SSCE Legal Studies - Question 15 - 2019 - Paper 1

Step 1

Which of the following is a mitigating circumstance?

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Answer

To determine which option is a mitigating circumstance, we need to consider factors that may reduce the severity of the punishment for Jordyn's offense. A mitigating circumstance is a situation or condition that may lead to a lesser penalty.

  1. Jordyn’s age: Age can be considered a mitigating factor as younger individuals are often viewed differently in the justice system, potentially leading to reduced sentences or alternative rehabilitation options.

  2. Jordyn’s homelessness: This condition may also be seen as a mitigating circumstance. Being homeless can impact a youth's decision-making and lead to criminal actions stemming from desperation.

  3. Jordyn’s prior conviction: Generally, prior convictions can aggravate situations, suggesting a pattern of behavior that may lead to a harsher sentence rather than a reduced one.

  4. Jordyn’s use of a weapon: This is typically not a mitigating factor. Instead, it may increase the severity of sentencing as the violent nature of the crime is emphasized.

Given these analyses, the best answer is A: Jordyn’s age as it is most clearly recognized as a mitigating circumstance.

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