Aggravating and Mitigating Factors in Sexual and Non-sexual Violent Cases

Abstract

This article reports on the findings of a content analysis of judges' sentencing remarks for 167 offenders from 159 trials. The results show the wide range of aggravating and mitigating factors considered by judges in sentencing sexual and non-sexual violent offences and identifies those factors that arise most frequently. The article sheds light on the sentencing practice of judges at first instance, which complements the understanding of sentencing practice derived from legislative and appellate guidance. In the interests of improving public understanding of sentencing practices, factors that would benefit from better explanation in sentencing remarks are highlighted. Factors that require clearer appellate guidance are also noted and some interesting jurisdictional differences in the treatment of some factors are discussed.