1. FACTORS AFFECTING
SENTENCING
Sentencing and Punishment

2.  Not in the offender’s
favour – lead to
increased sentence
 Favourable to the
offender – lead to a
reduced sentence
Aggravating Factors Mitigating Factors

3.  was the crime
committed in
company?
 was there gratuitous
violence?
 was the victim a
child?
 was that child under
the care of the
offender?
 whether the offender
has pleaded guilty
 whether the
defendant’s actions
were in some way
provoked by the
victim
Aggravating Factors Mitigating Factors

4. • Victims have been able to make Impact
Statements in NSW courts since 1996
• Judges determine how they will respond
to these statements
Role of the Victim in
Sentencing

5. Appeals
 A defendant has the right to appeal to a
higher court against the severity of their
sentence.
 Defendants can also appeal against their
conviction on the grounds that an error of
law was made in the original hearing, or an
error partly based on the facts and partly
grounded in law.
 The prosecution can also appeal if they
believe that the sentence imposed is too
lenient.