Page 4464 - Week 14 - Tuesday, 22 November 2005

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .

(j) the offender abused a position of trust or authority in relation to the victim;

(k) the victim was vulnerable because of age or occupation;

Examples

1 the victim was very young or old

2 the victim had a disability

3 the victim was a taxi driver, bank teller or service station attendant

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(l) the offence involved multiple victims or a series of criminal acts;

(m) the offence was part of a planned or organised criminal activity.

(5) Mitigating circumstances to which the court may have regard include the following:

(a) the injury, emotional harm, loss or damage caused by the offence was not substantial;

(b) the offence was not part of a planned or organised criminal activity;

(c) the offender was provoked by the victim;

(d) the offender was acting under duress;

(e) the offender does not have any record, or any significant record, of previous convictions;

(f) the offender was a person of good character;

(g) the offender is unlikely to reoffend;

(h) the offender has good prospects of rehabilitation, whether because of age or otherwise;

(i) the offender has shown remorse for the offence by making reparation for any injury, loss or damage or in any other way;

(j) the offender was not fully aware of the consequences of his or her actions because of the offender’s age or any disability;

(k) a plea of guilty by the offender;

(l) if the offender is tried on indictment—the degree of pre-trial disclosure by the defence for the purposes of the trial;

(m) the degree to which the offender has assisted, or undertaken to assist, law enforcement authorities in the prevention, detection or investigation of, or in a proceeding in relation to, the offence concerned or any other offence.

(6) If the court sets a nonparole period that is different to the standard nonparole period for the offence, the court must state the reasons for the difference.

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .