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Mitigating Factors

Definition

Case-specific circumstances, such as youth, genuine remorse, a guilty plea or a first offence, that justify a lighter sentence within the available range.

Related terms

Aggravating Factors
Case-specific circumstances, such as premeditation, use of a weapon or breach of trust, that justify a heavier sentence within the available range.
Judicial Discretion
The latitude a sentencing court has to choose a penalty within the legally available range based on its own assessment of the...
Mandatory Minimum Sentence
A legislatively fixed minimum period of imprisonment that a judge must impose upon conviction for specified offences, regardless of individual circumstances. Mandatory...
Proportionality Principle
The rule that a sentence's severity should be calibrated to the seriousness of the offence and the offender's culpability, neither exceeding nor...
Sentencing Guidelines
Structured frameworks that recommend or mandate sentence ranges based on the severity of the offence and the offender's criminal history. They aim...

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