Sentencing Factors (VCE SSCE Legal Studies): Flashcards
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Practise the cards
10 cards from this deck
Aggravating factors
Aggravating factors
Circumstances increasing offender's culpability/blameworthiness
Mitigating factors
Mitigating factors
Circumstances decreasing offender's culpability/sentence severity
Lack of remorse as aggravating factor
Lack of remorse as aggravating factor
NOT an aggravating factor (but remorse can mitigate)
Examples of aggravating factors (3)
Examples of aggravating factors (3)
Violence/weapons, premeditation, victim vulnerability
Examples of mitigating factors (3)
Examples of mitigating factors (3)
Genuine remorse, no prior record, rehabilitation efforts
'Tug of war' analogy in sentencing
'Tug of war' analogy in sentencing
Mitigating factors pull lighter, aggravating pull heavier
Guilty plea timing & sentence reduction
Guilty plea timing & sentence reduction
Earlier the plea, greater the reduction in sentence
Benefits of guilty pleas (2 main)
Benefits of guilty pleas (2 main)
Saves court resources, spares victims trauma
Victim impact statement definition
Victim impact statement definition
Document detailing injury/loss/damage suffered by victim
Victim's right regarding their statement
Victim's right regarding their statement
Can request it be read aloud in court (by them or another)
