Aggravating and mitigating factors in Criminal Offences

Aggravating factors

1. offence committed whilst on bail for other offences;
2. failure to respond to previous sentences;
3. offence was racially or religiously aggravated;
4. offence motivated by, or demonstrating, hostility to the victim based on his or her sexual orientation (or presumed sexual orientation);
5. offence motivated by, or demonstrating, hostility based on the victim’s disability (or presumed disability);
6. previous conviction(s), particularly where a pattern of repeat offending is disclosed;
7. planning of an offence;
8. an intention to commit more serious harm than actually resulted from the offence;
9. offenders operating in groups or gangs;
10. ‘professional’ offending;
11. commission of the offence for financial gain (where this is not inherent in the offence itself);
12. high level of profit from the offence;
13. an attempt to conceal or dispose of evidence;
14. failure to respond to warnings or concerns expressed by others about the offender’s behaviour;
15. offence committed whilst on licence;
16. offence motivated by hostility towards a minority group, or a member or members of it;
17. deliberate targeting of vulnerable victim(s);
18. commission of an offence while under the influence of alcohol or drugs;
19. use of a weapon to frighten or injure victim;
20. deliberate and gratuitous violence or damage to property, over and above what is needed to carry out the offence;
21. abuse of power;
22. abuse of a position of trust.

1. multiple victims;
2. an especially serious physical or psychological effect on the victim, even if unintended;
3. a sustained assault or repeated assaults on the same victim;
4. victim is particularly vulnerable;
5. location of the offence (for example, in an isolated place);
6. offence is committed against those working in the public sector or providing a service to the public;
7. presence of others for example, relatives, especially children or partner of the victim;
8. additional degradation of the victim (for example, taking photographs of a victim as part of a sexual offence);
9. in property offences, high value (including sentimental value) of property to the victim, or substantial consequential loss (for example, where the theft of equipment causes serious disruption to a victim’s life or business).

Mitigating factors

• a greater degree of provocation than normally expected;
• mental illness or disability;
• youth or age, where it affects the responsibility of the individual defendant;
• the fact that the offender played only a minor role in the offence.

Offender mitigation

• genuine remorse;
• admissions to police in interview;
• ready co-operation with authorities.

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