What is a mitigating circumstance?

• The defendant's age.
• The defendant's mental capacity.
• The crime was an accident.
• Self defense.
• Provocation or “heat of passion”
• The defendant repented from his actions.

What are the 5 mitigating circumstances?

Mitigating factors include previous good character, remorse or good conduct following arrest, voluntary compensation of victims, a full admission of facts and guilt, duress, very young or old age or minor role in the offence.

What are the two 2 classes of mitigating circumstances?

Mitigating circumstances fall into 2 categories: ordinary mitigating and privileged mitigating. Ordinary mitigating circumstances are those that are enumerated in Art. 13 of the Revised Penal Code. Privileged mitigating circumstances are found in other parts of the Revised Penal Code and RA 9344.

What are the 5 main non fatal Offences?

Non-fatal offences include assault and battery, assault occasioning actual bodily harm, wounding and inflicting grievous bodily harm, wounding or causing grievous bodily harm with intent, administering poison, and offences related to explosive substances and corrosive fluids (including offences related to 'acid attacks ...

How do I apply for mitigating circumstances?

To apply for mitigating circumstances, you'll need to fill out a Request for Mitigation Form and submit this to your School. The form should be available from your School – check if there is an online application. Your academic advisor or School Support Office should be able to help you with this.

What are three mitigating factors used in the sentencing process?

What are the four kinds of aggravating circumstances?

Moreover, there are four kinds of aggravating circumstances, namely: (1) generic or those that can generally apply to all crimes; (2) specific or those that apply only to particular crimes; (3) qualifying or those that change the nature of the crime; and (4) inherent or those that must of necessity accompany the ...

What factors does a judge consider when determining sentencing?

the defendant's past criminal record, age, and sophistication. the circumstances under which the crime was committed, and. whether the defendant genuinely feels remorse.

Is pleading guilty a mitigating factor?

a plea of guilty is ordinarily a matter to be taken into account in mitigation; first, because it is usually evidence of some remorse on the part of the offender, and second, on the pragmatic ground that the community is spared the expense of a contested trial.

Does Covid count as mitigating circumstances?

If you have suffered significant personal or family illness, bereavement or serious personal, emotional or financial challenges as a result of COVID-19 or other unforeseen circumstances unrelated to COVID-19, then you may wish to submit a claim for Mitigating Circumstances.

How long does it take for mitigating circumstances to be approved?

How long will it take to process my claim and get a decision? You should normally receive the decision from the mitigating circumstances board within five working days of the submission of your claim. During busy times of the academic year, you may be notified within ten working days.

Does mental health count as a mitigating circumstance?

'Extenuating Circumstances' are events that are sudden, significantly disruptive and beyond your control. Extenuating Circumstances include, but are not limited to: Bereavement: For a child, sibling, spouse or partner. Shorter-term medical conditions: Serious personal injury, medical condition or mental health ...

Is cutting hair GBH?

commented in his short concurring judgment: To a woman her hair is a vitally important part of her body. Where a significant portion of a woman's hair is cut off without her consent, this is a serious matter amounting to actual (not trivial or insignificant) bodily harm.

What is a grievous crime?

It's often used to describe crimes and other bad deeds that go beyond mere criminality and into the world of cruelty. For example, it's harmful to steal from someone; it's grievous to steal from them and then, having stolen their stuff, beat them up or kill them. Definitions of grievous.

Can words negate assault?

Just as words can negate an assault, the context and tone of such words can too negate an assault. In cases where menacing words were clearly intended as a joke and were taken as such there can be no assault.

What are qualifying circumstances?

Qualifying Circumstance means the circumstance wherein Participant is no longer an employee of the Company or any subsidiary thereof for any reason whatsoever except for a Cause Termination, including, without limitation, any removal from such employment without Cause, any resignation by Participant or Participant's ...

What kind of proof is needed for a conviction UK?

5. The burden of proving the guilt of the defendant lies on the prosecution, who must prove the particulars of the offence beyond reasonable doubt; the jury or magistrates should only convict if they are sure of the defendant's guilt.

What are the 3 alternative circumstances?

--Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission. They are relationship, intoxication, and degree of instruction and education of the offender."

What do you say in a plea of mitigation?

As part of the plea in mitigation, you may explain why you committed the offence and tell the court about your background and personal circumstances. You can also say something about the sentence that the court could impose.

When may a plea of guilty be appreciated as a mitigating circumstance?

The voluntary plea of guilt required by law is one that is made by the accused in cognizance of the grievous wrong he has committed and must be done as an act of repentance and respect for the law. It is mitigating because it indicated a moral disposition in the accused favorable to his reform.

Does sentencing mean guilty?

A sentencing hearing is when the judge or magistrates decide what punishment an offender will receive. If a defendant pleads guilty or is found guilty by a court, they will become an offender and will need to be sentenced.