Page 40 - Magistrates Conference 2019

Philosophy behind the decision in

Aguillera et al v The State

• A consistent, methodical, structured approach that would

lend to overall consistency in sentencing.

• In the past, there was an occasional misalignment between
the proper meaning and the actual usage of the term “the

starting point” and an ensuing lack of clarity as to what

precisely is meant by that term.

• All relevant sub-issues relevant to sentencing were
amalgamated by the sentencer. There was little real sense

of whether the various strands of relevant aggravating and

mitigating factors were duly taken into account at the most
appropriate stage.

• The “Aguillera Approach” seeks to tease out the

aggravating and mitigating factors relative to both the

offence and the offender with greater precision and clarity.

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