Page 90 - Magistrates Conference 2019

Starting Point

• Determined by taking into account the aggravating and mitigating

factors relative to the offence

• Affords the court with a wide extent of flexibility

• Better caters for a holistic consideration of all of the facts in the case

• Clearly articulates the seriousness of the offence

• Allows the sentence to be tailored according to the circumstances of

each case

• Allows the court to express abhorrence for the crime even if

exceptional personal mitigating circumstances are present

• Weight to be attached to particular factors

• Promotes greater coherence

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