Sentencing Factors (VCE SSCE Legal Studies): Flashcards

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Sentencing factors
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Aggravating factors

Circumstances increasing offender's culpability/blameworthiness

Mitigating factors

Circumstances decreasing offender's culpability/sentence severity

Lack of remorse as aggravating factor

NOT an aggravating factor (but remorse can mitigate)

Examples of aggravating factors (3)

Violence/weapons, premeditation, victim vulnerability

Examples of mitigating factors (3)

Genuine remorse, no prior record, rehabilitation efforts

'Tug of war' analogy in sentencing

Mitigating factors pull lighter, aggravating pull heavier

Guilty plea timing & sentence reduction

Earlier the plea, greater the reduction in sentence

Benefits of guilty pleas (2 main)

Saves court resources, spares victims trauma

Victim impact statement definition

Document detailing injury/loss/damage suffered by victim

Victim's right regarding their statement

Can request it be read aloud in court (by them or another)

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