Page 43 - Magistrates Conference 2019

The Sentencing Methodology Cont.

STEP 1

• The calculation of the Starting Point which takes into

account the aggravating and mitigating factors of the

offence only – that is, the objective circumstances

which relate to the gravity of the offence itself and

which assist in gauging its seriousness.

• Examples of aggravating factors relevant to the

offence include, but are not limited to: the use of

extreme violence; premeditation; serious injury; use of

weapons; multiple attackers; vulnerability of victim; home

invasion.

• Examples of mitigating factors relevant to the offence

include, but are not limited to: provocation; excessive

self-defence.

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