Acquittal in sentencing refers to the decision of the court when an individual is found not guilty of an offence. They are therefore, acquitted of their charges.
Factors That Affect Sentencing
Any plea bargaining or co-operation with the law enforcement authorities
Indicates whether the accused reached an agreement with the prosecutor to admit guilt in exchange for a reduced sentence, or whether the accused provided information or assistance to the authorities during the investigation or prosecution.
Mitigating circumstances, such as duress or necessity - Mitigating factors
Refers to circumstances, such as acting under duress or coercion, or because it was necessary to prevent greater harm, that may reduce the defendant’s degree of responsibility or moral culpability for the offence.
Any mitigating or aggravating circumstances presented by the prosecutor or defender.
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 factors such as mental illness or addiction.
Military or public service record of the accused
Refers to the defendant’s military service, public service, or other achievements that may be relevant to their sentence.
Relevant legislation, policy and jurisprudence of jurisdiction
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.
Co-operating with Authorities
The extent to which the defendant has cooperated with law enforcement and other authorities in the investigation and prosecution of their own case may be a factor in sentencing. Cooperation can demonstrate acceptance of responsibility and may be considered by the court as a mitigating factor.
Age and physical and mental health of the defendant
The defendant’s age 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 sentenced more leniently.
Defendant's role in the crime
Sentences may be harsher than those imposed on accomplices or those who played minor roles.
Defendant's financial resources and ability to pay penalties
The financial resources and ability of the accused to pay fines or other financial penalties may be considered in determining an appropriate sentence. The court may consider whether the accused has the ability to pay restitution to the victims and/or fines to the State.
The deterrent effect on the defendant and on others
Sentencing can 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, while a more lenient sentence may not have the same effect.
Safety and Protection of the Public
The safety and protection of the public is a key consideration in sentencing. A sentence may be increased for an offender who poses a significant threat to public safety to prevent him or her from committing further offences.
Potential for rehabilitation of the accused
The potential of the accused to be rehabilitated, or to be successfully treated or trained so as not to reoffend, may be considered in determining an appropriate sentence A defendant who appears likely to be successfully rehabilitated may be sentenced more leniently.
Sentencing guidelines and mandatory minimum sentences in your jurisdiction
Sentencing guidelines and mandatory minimums established by state or federal law might be a factor in determining a sentence. The court must follow these guidelines and mandatory minimums, though it has some discretion in a particular case.
Statutory aggravating or mitigating circumstances - Aggravating circumstances
Statutory aggravating circumstances are elements of the crime or defendant’s conduct that increase the severity of the sentence, while mitigating circumstances are elements that decrease the severity of the sentence, often specified by state or federal law.
Views of the community and the courts on punishment
Public opinion and the views of judges or sentencers may influence the perception of the gravity of a particular sentence.
Cooperation of the defendant with authorities
The extent to which the defendant has assisted the police or other authorities in the investigation or prosecution of the offence may be taken into account as a sentencing factor.
The age and mental/physical health of the defendant
The defendant’s age, mental and physical health may be relevant to sentencing because these factors may affect the defendant’s ability to understand the consequences of their actions and their potential for rehabilitation.
Role of the defendant in the crime
Their role in committing an offence is also taken into account, with those with leadership or more active roles often receiving harsher sentences.
The nature of the offence and the circumstances surrounding it
This factor relates to the specific details and events surrounding the offence committed, including the method used and any aggravating or mitigating circumstances.
Defendant's criminal record
This factor takes into account the defendant’s previous criminal record, including any previous convictions, and the defendant’s history of previous convictions.
The defendant's character and background
This factor considers the defendant’s general background, including education, employment, family situation, and drug/alcohol history.
Defendant's remorse or lack of remorse
This factor considers the accused’s demonstration of remorse for the offence committed, including apology or expression of regret.
Effects of the crime on the victim(s)
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.
Contact Us
Been Arrested or Charged with A Criminal Offence? Get Help Now!
If you have been arrested or need assistance with a criminal matter, contact me to discuss your case.
Jeffrey I Reisman
Criminal Defence Lawyer
1000 Finch Ave. West, Suite 705 A
Toronto, ON M3J 2V5
Phone:Â 647-370-4282
Email:Â jeffreyireisman@gmail.com
24/7 Availability And Client Support
20 Years Of Criminal Defence Experience
REQUEST A CONSULTATION