Page 68 - Magistrates Conference 2019
P. 68
Application:
Step 1: Aggravating factors of the Offence
- The extent of planning and premeditation.
- The extent of injuries inflicted on the victim
- The fact that the injuries lead to the permanent disability of the victim.
There are no mitigating factors relevant to the offence.
Starting point: Approximately 13 years - the starting point range is in the very high
end of the spectrum.
There is the need to take into account the consideration that this figure will
increase at the second stage because of the previous convictions.
It is crucially important to leave some “headroom” in advance – This is because
the statutory maximum penalty cannot be exceeded – Rationalise the entire
calculation in advance so as to eliminate the possibility of error.
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