Report on Mandatory Sentences - Law Reform Commission

(9) Whether the offence was committed for pleasure or excitement;
(10) Whether the offender played a leading role in the commission of the offence, or induced
others to participate in the commission of the offence;
(11) Whether the offence was committed on a law enforcement officer;
(12) Any other circumstances which:
(a) increase the harm caused or risked by the offender, or
(b) increase the culpability of the offender for the offence.”
1.87 The Commission also identified a number of factors which would mitigate the seriousness of an
offence: 171
“Mitigating factors
(1) Whether the offence was committed under circumstances of duress not amounting to a
defence to criminal liability;
(2) Whether the offender was provoked;
(3) Whether the offence was committed on impulse, or the offender showed no sustained
motivation to break the law;
(4) Whether the offender, through age or ill-health or otherwise, was of reduced mental
capacity when committing the offence;
(5) Whether the offence was occasioned as a result of strong temptation;
(6) Whether the offender was motivated by strong compassion or human sympathy;
(7) Whether the offender played only a minor role in the commission of the offence;
(8) Whether no serious injury resulted nor was intended;
(9) Whether the offender made voluntary attempts to prevent the effects of the offence;
(10) Whether there exist excusing circumstances which, although not amounting to a defence
to criminal liability, tend to extenuate the offender's culpability, such as ignorance of the
law, mistake of fact, or necessity;
(11) Any other circumstances which:
(a) reduce the harm caused or risked by the offender, or
(b) reduce the culpability of the offender for the offence.”
1.88 The Commission is of the view that it would be useful to set out the factors which aggravate and
mitigate the seriousness of an offence for the purposes of any arrangements that may be put in place to
develop sentencing guidance and guidelines, such as those discussed in more detail below in this
Chapter.
(iii)
Applying any Factors which Aggravate or Mitigate the Severity of a Sentence
1.89 The factors which aggravate or mitigate the severity of a sentence, as opposed to the
seriousness of an offence, are those factors which are likely to affect an otherwise proportionate
sentence. In its 1996 <strong>Report</strong> on Sentencing, 172 the Commission explained, and underlined the
importance of, the distinction:
“The most important distinction drawn is that between factors which mitigate offence seriousness
and factors which mitigate sentence.
171
172
Law Reform Commission <strong>Report</strong> on Sentencing (LRC 53-1996) at paragraph 3.2.
Law Reform Commission <strong>Report</strong> on Sentencing (LRC 53-1996) at Chapter 3.
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