Sexual Interference Sentencing: Understanding the Consequences





Sexual Interference Sentencing: Understanding the Consequences

Summay: minimum 90 days max: 2 years less a day incarceration Indictable: minimum: 1 year maximum: 14 years

Factors That Affect Sentencing

Indicates whether the defendant has entered into a plea agreement with the prosecution in exchange for a reduced sentence, or whether the defendant has provided information or assistance to the authorities during the investigation or prosecution of the case.
Circumstances that diminish the responsibility or moral culpability of the accused for the offence, such as the fact that he acted because he was forced or coerced to do so, or because he acted in order to prevent greater harm.
This is the evidence or arguments presented by both the prosecution and the defence that could affect the penalty, such as evidence of the accused’s previous criminal record or mitigating circumstances such as mental illness or addiction.
Relates to the defendant’s military service, public service or other achievements that may be relevant to their sentence.
Refers to the specific laws, policies and case law in the jurisdiction where the offence was committed that may have an impact on sentencing, such as mandatory minimum sentences, sentencing guidelines or prevailing community views on punishment.
Sentencing may take into account how much an accused has cooperated with law enforcement and other authorities in investigating and prosecuting his case.
The age of the defendant and any physical or mental health problems may be relevant to the court in determining an appropriate sentence. For example, an older defendant or one with a serious health problem may be given a lighter sentence.
The role played by the accused in committing the offence may affect his or her sentence. A principal or a coconspirator may receive a more severe sentence than an accomplice or someone playing a minor role.
A defendant’s financial resources and ability to pay fines or other financial penalties may be taken into account in determining an appropriate sentence. The court may consider whether a defendant has the ability to pay compensation to the victim(s) and/or fines to the state.
Sentencing may be influenced by the aim of deterring the defendant and others from committing similar offences in the future. A harsh sentence may act as a deterrent, whereas a more lenient sentence may not have the same effect.
The safety and protection of the public is a key consideration in sentencing. A defendant who poses a significant threat to the safety of the public may be sentenced more severely to ensure that he or she is unable to commit further offences.
The potential for rehabilitation, or the ability to succeed in treatment or training to avoid reoffending, may be considered in determining an appropriate sentence.
Sentencing guidelines and mandatory minimums set by state or federal law may be a factor in determining a sentence. The court must follow these guidelines and minimums, although it may have some discretion in certain cases.
Statutory aggravating circumstances are elements of the offence or of the defendant’s conduct that increase the severity of the sentence, while mitigating circumstances are elements that decrease the severity of the sentence. These factors are often specified in state or federal law.
Community and judicial views on the appropriate punishment for a particular offence can be a factor in sentencing Public opinion and the views of the judge or sentencing panel can influence the perceived severity of a particular sentence.
The extent to which the accused assisted the police or other authorities in investigating or prosecuting the crime may be taken into account as a sentencing factor.
The age and the mental and physical health of the defendant may be relevant in determining the sentence, as these factors may affect the defendant’s ability to understand the consequences of his or her actions and his or her potential for rehabilitation.
The defendant’s role in the commission of the offence may also be taken into account. Those who have played a leading or more active role often receive a more severe sentence.
This factor refers to the specific details and events surrounding the offence that was committed, including the method used and any aggravating or mitigating circumstances that may apply.
This factor considers the defendant’s previous criminal history, including any previous convictions, as well as the defendant’s history of having been sentenced.
This factor takes into account the defendant’s overall background, including education, employment, family situation and any history of drug or alcohol abuse.
This factor takes into account the defendant’s expression of remorse for the offence committed. It includes any apologies or expressions of regret.
This factor assesses the physical, emotional and financial harm suffered by the victims/s by virtue of the crime and how the crime impacted on the victims/s life.

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