LPC Law Notes Criminal Litigation Notes
A collection of the best LPC Criminal Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of Criminal Lit notes available in the UK this year. This collection of notes is fully up...
The following is a more accessible 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:
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 bails.145 CJA 2003 – racial or religious aggravations.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 victimAbuse of position of trustValue of items (sentimental or monetary)Pre-meditationExtent of injuriesLeading role in group attackPublic placeTargeting the victim |
Mitigating Factors? | Credit under s.144 CJA 2003 for a guilty pleaAny other offender mitigation in relation to personal circumstances under s.166 CJA 2003Remorse – guilty plea, Pre-Sentencing Report, letter of apology, repay goods.DesperationProvocationCarer for disabled person or for childrenOpportunisticMotive for committing the offence |
What Sentence? | Community OrderThe 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 SentenceThe 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). |
Buy the full version of these notes or essay plans and more in our Criminal Litigation Notes.
A collection of the best LPC Criminal Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of Criminal Lit notes available in the UK this year. This collection of notes is fully up...
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