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TABLE OF AGGRAVATING AND MITIGATING

FACTORS

1. FOR THE OFFENCE

FACTOR AGGRAVATING MITIGATING


1. Type of offence. Major offence. Minor offence.
2. Harm caused. Serious harm caused or Harm not serious.
breach of trust.
3. Number of offences Many offences in a short Few offences over a long
and period of time period of time. period of time.
involved.
4. Victim. Vulnerable victim. Victimless crime.
5. Role of offender. Offender the ringleader Offender played minor
or active participant. role only.
6. Intentionality. Crime deliberate or Crime accidental or
reckless. merely careless.
7. Use of weapon. Use of firearm, explosive No weapon used.
or weapon of offence.
8. Location and time of Offence committed at Offence on business
offence. victim’s home or late at premises or during day.
night.
9. Gain to offender. Offender profits from No profit to offender.
crime.
10. Co-defendants. Many others involved. No others involved.
11. Public concern. High public concern. Little or no public
concern.
2. FOR THE OFFENDER

FACTOR AGGRAVATING MITIGATING


1. Age. Mature adult. Young or elderly.
2. Previous record. Numerous previous No previous convictions.
convictions.
3. Previous disposals. Previous custodial Good response to
sentence(s). Breached community sentence(s).
probation or CSO. Completed previous
Subject to suspended supervision. Early
sentence or conditional discharge for good
discharge. Poor response progress on probation.
to community
sentence(s).
4. Period since last Short period since last Long period since last
offence(s). offence(s). offence(s).
5. Type of previous Similar to present No previous convictions
offence(s). offence(s), or more for similar offence(s).
serious than present
offence(s).
6. Response to bail or Offence(s) committed Remand in custody has
remand in custody. whilst on bail. Has not had deterrent effect or
conformed to bail been difficult. Has kept
conditions. to all bail conditions.
7. Plea. Plea of guilty.
8. Co-operation with Did not co-operate with Has co-operated fully
police. police. with police.
9. Evidence of remorse. No evidence of remorse. Clear evidence of
remorse; some
remorseful actions.
10. Attitude to victim Defiant and lacking in Has shown compassion or
since offence empathy towards victim. demonstrated concern.
committed. Has made or offered
compensation to victim.
11. Evidence of reform. No evidence of reform. Signs of reform.
12. Addictions. Addicted to narcotic Having treatment for
drug. Serious alcohol or addictions. Willing to
substance abuse. address addiction
Refuses to face up to problem.
problem.
13. Family support No family ties or support. Stable family. Married.
and/or No dependents. Supports a family. Has
responsibilities. dependent child(ren) or
relative(s).
14. Accommodation. No fixed abode. Stable and secure
accommodation.
15. Employment record. Unemployed. No history Secure job. Responsible
of previous employment. position. In full-time
education.
16. Health. Serious or permanent
disability or illness.
Evidence of mental
illness or severe stress
17. Character. Offence(s) out of
character.

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