Circumstances of the offence - Objective factors
Every crime has unique circumstances and this must be considered when passing sentence. These circumstances, often referred to as ‘objective features’, are usually put forward by the prosecution in a bid to reinforce the severity of the crime. E.g. use of weapon, threat of violence or actually violence, preplanning and whether crime is becoming more prevalent and requires a deterrent.
Circumstances of the offender - Subjective factors
The law makes provision for judges to take into account the offender before determining an appropriate sentence. The judge will want to have as much information—known as ‘subjective features’—about the offender as possible. E.g. offender’s age, prior convictions, any mental or physical disabilities, whether other people rely on them, pleaded guilty, whether the offender was of assistance to police and mitigating circumstances.
Aggravating and mitigating circumstances
When a crime is said to be aggravated it means that is a particularly severe example of that offence. E.g. sexual assault is defined as ‘aggravated’ when the victim is under 16, weapon is used or if the victim suffers from mental or physical disability. Aggravating circumstances are those where:
-Victim is either young, elderly or disable, making the impact of the crime particularly damaging
-Gratuitous violence is involved etc.
On the other hand mitigating factors partly excuse the actions of the offender may lower the sentence. Common mitigating circumstances are:
-Offender is young and relatively inexperienced—led into crime by others
-Poverty or previous abuse may be considered etc.
Mitigating circumstances are not a defence to the crime; they are raised during the sentencing in a bid to reduce the severity of the sentence.
