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Sentencing Appeals Notes

LPC Law Notes > Criminal Litigation Notes

This is an extract of our Sentencing Appeals document, which we sell as part of our Criminal Litigation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Sentencing & Appeals Sentencing 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

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