Page 51 - Magistrates Conference 2019
P. 51

The Sentencing Methodology Cont.








                                     STEP 2                             • An  appropriate  upward  or  downward  adjustment  of  the


                                                                             Starting  Point  which  takes  into  account  the  aggravating

                                                                             and mitigating factors relative to the offender – these are

                                                                             the subjective circumstances of the offender which in turn


                                                                             inform  the  degree  of  the  culpability  of  the  particular

                                                                             offender.



                                                                        • Examples of aggravating factors relevant to the offender


                                                                             include,  but  are  not  limited  to:  the  offender’s  criminal

                                                                             history, offence committed whilst on bail.



                                                                        • Examples  of  mitigating  factors  relevant  to  the  offender

                                                                             include,  but  are  not  limited  to:  the  appellant’s  good


                                                                             character,  assistance  to  the  authorities,  age  and  other

                                                                             personal circumstances.

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