What are Mitigating and Aggravating Circumstances?
Aggravating and mitigating factors are used to determine the seriousness of the offence. The presence of aggravating factors can result in the increase of a sentence and the presence of mitigating circumstances can result in the decrease of a sentence. Some offences with aggravating circumstances are included within the Crimes Act 1900 (NSW), however, in other cases, aggravating and mitigating circumstances are considered at the discretion of the court.
Aggravating factors include:
- Where the victim involved is a child or an elderly person
- Where the person involved is a teacher
- Where there is actual or threatened use of a weapon
- Where actual or grievous bodily harm is caused
- Where the alleged offender was in a position of trust over the alleged victim
- Where the alleged offender is on conditional liberty (for example, out on bail).
Mitigating factors include:
- If the alleged offender was provoked by the alleged victim
- The alleged offender was a person of good character
- The alleged offender was acting under duress
- The alleged offender has good prospects for rehabilitation (ie: are young in age)
- The alleged offender has a disability (usually mental).
How can Prime Lawyers help you?
Should you be charged with an offence or be the victim of an alleged offence, where you believe that there are either mitigating factors (if you have been charged) or aggravating factors (if you have been the victim), the experienced criminal lawyers at Prime can assist you in determining whether they may apply. They will then present an argument to the court in order to secure the best outcome for you.