SOC346H5 Chapter Notes -Mitigating Factor
Document Summary
This discounts a special need for individual deterrence and suggests that a lenient response is in order. Defense counsel should be careful not to characterize the offender as a first offender . The judge who deals with a case where no mention is made of any prior record must treat the offender as if she is a first offender . Good-character evidence during a trial when responsibility is at stake is usually limited to reputation in the community. For some offences, evidence of a person"s pro-social community commitment through volunteer work is not mitigating when the offence arises from those activities. Evidence of good community reputation has little probative value. The reason that a guilty plea is usually considered to be a mitigating factor is because it implies remorse and an acknowledgement of responsibility by the offender. The extent of the mitigating value is affected by the timing of the guilty plea: the earlier, the better.
