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#14726 - Sentencing Appeals - Criminal Litigation

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Which Court?	Magistrates Court or Crown Court (depending on offence)
Find Offence?	What did the defendant plead to? What was the defendant found guilty of?
Statutory Aggravating Factors?	s.143(1) CJA 2003 – the offender’s culpability and any harm caused – the courts will consider the sentencing guidelines to decide culpability and harm caused. s.143(2) CJA 2003 – previous offences (discuss how they are related and how recent they are) s.143(3) CJA 2003 – offending whilst on bail s.145 CJA 2003 – racial or religious aggravation s.146 CJA 2003 – hostility to disability or sexual orientation
Starting Point?	The court has a duty to follow the sentencing guidelines – identify the offence, its category and the starting point
Other Aggravating Factors?	See listed aggravating factors for the offence. Always consider the following (page 356-357 of Permitted Materials): Vulnerable victim Abuse of position of trust Value of items (sentimental or monetary) Pre-meditation Extent of injuries Leading role in group attack Public place Targeting the victim
Mitigating Factors?	Credit under s.144 CJA 2003 for a guilty plea Any other offender mitigation in relation to personal circumstances under s.166 CJA 2003 Remorse – guilty plea, Pre-Sentencing Report, letter of apology, repay goods. Desperation Provocation Carer for disabled person or for children Opportunistic Motive for committing the offence
What Sentence?	Community Order The court is likely to consider the offence to be not “so serious” as to require a custodial sentence (s.152 CJA 2003) because of [mitigating factors] but “serious enough” to warrant a community order (s.148 CJA 2003) because of [aggravating factors]. This sentence would comply with s.142 CJA 2003 which underlines the importance of punishing the defendant whilst still rehabilitating them. Custodial Sentence The court is likely to consider the offence to be “so serious” as to require a custodial sentence (s.152 CJA 2003) because of [aggravating factors]. Therefore, the threshold for a custodial sentence would have been passed and a community order would not have been enough to punish the defendant (s.148 CJA 2003).

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#14726 - Sentencing Appeals - Criminal Litigation

Which Court?

Magistrates Court or Crown Court (depending on offence)

Find Offence?

What did the defendant plead to? What was the defendant found guilty of?

Statutory Aggravating Factors?

s.143(1) CJA 2003 – the offender’s culpability and any harm caused – the courts will consider the sentencing guidelines to decide culpability and harm caused.

s.143(3) CJA 2003 – offending whilst on bail

s.145 CJA 2003 – racial or religious aggravation

s.146 CJA 2003 – hostility to disability or sexual orientation

Starting Point?

The court has a duty to follow the sentencing guidelines – identify the offence, its category and the starting point

Other Aggravating Factors?

See listed aggravating factors for the offence.

Always consider the following (page 356-357 of Permitted Materials):

Vulnerable victim

Abuse of position of trust

Value of items (sentimental or monetary)

Pre-meditation

Extent of injuries

Leading role in group attack

Public place

Targeting the victim

Mitigating Factors?

Credit under s.144 CJA 2003 for a guilty plea

Any other offender mitigation in relation to personal circumstances under s.166 CJA 2003

Remorse – guilty plea, Pre-Sentencing Report, letter of apology, repay goods.

Desperation

Provocation

Carer for disabled person or for children

Opportunistic

Motive for committing the offence

What Sentence?

Community Order

The court is likely to consider the offence to be not “so serious” as to require a custodial sentence (s.152 CJA 2003) because of [mitigating factors] but “serious enough” to warrant a community order (s.148 CJA 2003) because of [aggravating factors].

This sentence would comply with s.142 CJA 2003 which underlines the importance of punishing the defendant whilst still rehabilitating them.

Custodial Sentence

About Oxbridge

More Criminal Litigation Samples

#14726 - Sentencing Appeals - Criminal Litigation

Which Court?

Magistrates Court or Crown Court (depending on offence)

Find Offence?

What did the defendant plead to? What was the defendant found guilty of?

Statutory Aggravating Factors?

s.143(1) CJA 2003 – the offender’s culpability and any harm caused – the courts will consider the sentencing guidelines to decide culpability and harm caused.

s.143(2) CJA 2003 – previous offences (discuss how they are related and how recent they are)

s.143(3) CJA 2003 – offending whilst on bail

s.145 CJA 2003 – racial or religious aggravation

s.146 CJA 2003 – hostility to disability or sexual orientation

Starting Point?

The court has a duty to follow the sentencing guidelines – identify the offence, its category and the starting point

Other Aggravating Factors?

See listed aggravating factors for the offence.

Always consider the following (page 356-357 of Permitted Materials):

Vulnerable victim

Abuse of position of trust

Value of items (sentimental or monetary)

Pre-meditation

Extent of injuries

Leading role in group attack

Public place

Targeting the victim

Mitigating Factors?

Credit under s.144 CJA 2003 for a guilty plea

Any other offender mitigation in relation to personal circumstances under s.166 CJA 2003

Remorse – guilty plea, Pre-Sentencing Report, letter of apology, repay goods.

Desperation

Provocation

Carer for disabled person or for children

Opportunistic

Motive for committing the offence

What Sentence?

Community Order

The court is likely to consider the offence to be not “so serious” as to require a custodial sentence (s.152 CJA 2003) because of [mitigating factors] but “serious enough” to warrant a community order (s.148 CJA 2003) because of [aggravating factors].

This sentence would comply with s.142 CJA 2003 which underlines the importance of punishing the defendant whilst still rehabilitating them.

Custodial Sentence

About Oxbridge

More Criminal Litigation Samples