A suspended sentence is a sentence imposed on conviction for a criminal offence that the court orders to be deferred so that the offender can serve probation. A suspended sentence will in addition, be a permanent entry on the offenders criminal record.
Factors That Affect Sentencing
All plea-bargains or co-operation with prosecutors
Whether the accused entered a plea agreement with the prosecutor in exchange for a reduced penalty, or whether the accused provided information or assistance to the authorities during the investigation or prosecution.
Mitigating factors, e.g. coercion or need
Refers to circumstances that may reduce the defendant’s responsibility or moral culpability for the crime, such as acting under duress or coercion, or because it was necessary to prevent greater harm.
Aggravators or mitigators presented by the prosecutor or the defender.
Refers to evidence or arguments presented by the prosecution and defence that may affect the sentence, such as evidence of the defendant’s past crimes or mitigating factors such as mental illness or addiction.
Military or public service performed by accused
Refers to the defendant’s military service, public service or other achievements that may be relevant to his or her punishment.
Relevant legislation, policies and case law in the jurisdiction
Refers to the specific laws, policies and case law in the jurisdiction where the offence was committed that may affect the sentence, such as mandatory minimum sentences, sentencing guidelines, or prevailing community views on punishment.
The co-operation of the defendant with the authorities
The extent to which the accused has cooperated with the police and other authorities in investigating and prosecuting his own case may be a factor in sentencing. Cooperation may demonstrate acceptance of responsibility and be considered by the court as a mitigating factor.
Age and mental/physical health of the suspect
The defendant’s age and any physical or mental health problems may be relevant to the court’s determination of an appropriate sentence. For example, an older defendant or one with a serious health condition may be sentenced more leniently.
Role of the defendant in the crime
The defendant’s role in the commission of the offence may affect his or her sentence. A principal or co-conspirator may be sentenced more severely than an accomplice or someone who played a minor role.
The defendant's financial resources and ability to pay penalties
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 a defendant’s ability to pay restitution to the victim(s) and/or fines to the State.
Deterrent effect on the accused and others
Sentences can be affected by the aim to deter the accused and others from similar offences in the future.
Safety and protection of the community
The safety and protection of the public is a key consideration in sentencing. A sentence may be tougher for an offender who poses a significant threat to public safety in order to prevent them from committing further offences.
Ability to re-socialise
The defendant’s potential for rehabilitation, or ability to be successfully treated or trained not to reoffend, may be taken into account in determining an appropriate sentence. A defendant who appears to have a high probability of being successfully rehabilitated may be sentenced more leniently.
Guidelines and mandatory minimum sentences
Sentencing guidelines and mandatory minimum sentences set by state or federal law may be a factor in the sentencing decision. The court must follow these guidelines and mandatory minimum sentences, although it may have some discretion in certain cases.
Aggravating and mitigating circumstances
Statutory aggravating circumstances are elements of the crime 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.
Views on punishment by the community and the judiciary
Community and judicial views on the appropriate punishment for a particular offence can be a factor in determining a sentence Public opinion and the views of the judge or sentencing panel can influence the perceived severity of a particular sentence.
Cooperation of the Defendant with Authorities
The extent to which the defendant assisted police or other authorities in investigating or prosecuting the offence may be considered as a sentencing factor.
Age and physical and mental health of the accused
The defendant’s age, mental health and physical health may be relevant to the sentencing decision because these factors may have an impact on the defendant’s ability to understand the consequences of their actions and their potential for rehabilitation.
Role of accused in crime
The role of the accused in the commission of the crime may also be taken into account, with those who played a leading or more active role often receiving more severe penalties.
The nature and circumstances of the offence
This factor relates to the specific details and events surrounding the commission of the offence, including the means used and the aggravator and extenuating factors.
Previous record
This factor considers the criminal history of the accused, including any previous convictions, and the history of previous convictions.
The character and background of the defendant
This factor considers the overall circumstances of the accused, including education, employment, family circumstances and any history of drug or alcohol abuse.
Repentance or lack of repentance by the accused
This factor considers the accused’s demonstration of remorse for the offence committed, including apology or expression of regret.
Effects of the offence on the victim(s)
This factor assesses the physical, emotional and financial damage suffered by the victim(s) as a result of the offence and the impact the offence has had on their lives.
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