Mitigation is the presentation to a court of facts or situations which do not necessarily relate to matters concerning the defendant’s guilt but which seek to lessen such sentence as the court may be considering imposing.
A Judge can consider all information reasonably affecting the defendant’s culpability and, generally, contains details of the actual offence and personal information of the defendant.
A Judge will consider aggravating and mitigating circumstances and other criteria including the point at which in the proceedings the defendant may have pleaded guilty and whether or not the defendant was of previous good character.
The Court of Appeal recently commented on the extent to which court advocates should consider mitigating circumstances and Suki Randhawa of Kangs Solicitors considers the same.
The Circumstances | Kangs Criminal Law Advisory Team
- A student nurse, over a period of four months, had photographed credit cards belonging to other students and used the details to purchase goods valuing seven thousand pounds.
- She pleaded guilty at the first opportunity to fraud and theft of a driving licence and credit card.
- At the Crown Court Sentencing Hearing, the Judge heard mitigation that, at the time of the offence, the Defendant was aged eighteen and in the first year of an adult nursing course. She had been asked to leave university, was previously a lady of good character and now worked as a fulltime care assistant.
- Notwithstanding the mitigation presented, the Judge imposed a ten months Detention Order which she was not minded to suspend given the prolonged course of the Defendant’s conduct involving theft from a variety of individuals.
The Court Of Appeal Ruling | Kangs Criminal Defence Lawyers
- The Court of Appeal ruled that the Judge had not given sufficient weight to all the relevant considerations when considering suspending the prison sentence.
- The Court considered that the Judge had not given sufficient consideration to the future career prospects of the Defendant.
- The conviction had a serious impact on the Defendant’s long-term future and the Appeal Court decided that a suspended sentence was the more appropriate punishment.
How Can We Help? | Kangs National Criminal Defence Solicitors
We pride ourselves on our extensive knowledge and dealings of serious Court cases keeping abreast of current case law and sentencing guidelines.
If you are faced with any serious criminal offence, it is important that you obtain expert legal advice immediately.
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