Personal Mitigating Factors

Personal Mitigating Circumstances

 

Section (a) - Mental Illness of Offender

ReferenceUse SHIFT+ENTER to open the menu (new window).
  
R v. Doran [1995] NIJB 75
Hutton LCJ
Burglary and reckless driving - length of sentence - appellant sentenced to five years' imprisonment after pleading - appellant suffering from schizophrenia - whether sentence should be reduced.

Section (b) - Forgiving Atitude of Victim

ReferenceUse SHIFT+ENTER to open the menu (new window).
  
Attorney General's Reference (No.2 of 1993) [1993] 5 NIJB 71
Hutton LCJ
Thirty month imprisonment for offence of burglary - elderly victim - suspended sentence - exceptional mitigating circumstances - whether unduly lenient

Section (c) - Good Character

ReferenceUse SHIFT+ENTER to open the menu (new window).
  
R v. McCorley [1991] 4 NIJB 70
Hutton LCJ
Attempted murder - booby-trap bomb - appellant's good record and background - whether 22 years imprisonment manifestly excessive.
R v. Stalford and O'Neill (03/05/96)
MacDermott LJ
Appeal against sentence - possession with intent to supply - ecstasy - value and quantity of drugs seized - age, background and addiction of appellants.

Section (d) - Addiction, No Mitigation

ReferenceUse SHIFT+ENTER to open the menu (new window).
  
R v. Stalford and O'Neill (03/05/96)
MacDermott LJ
Appeal against sentence - possession with intent to supply - ecstasy - value and quantity of drugs seized - age, background and addiction of appellants.
R v. Henderson (08/03/96)
Carswell LJ
Look-out for robbery with violence - contemplation of violence - crime committed to finance drug habit.

Section (e) - Imprisonment of Young Mother

ReferenceUse SHIFT+ENTER to open the menu (new window).
  
R v. Conlon (07/02/97)
MacDermott LJ and Higgins J
Theft from employer over period of time - mother of a young child - compassion and clemency exhibited by employer - whether should be taken into account.

Section (f) - Exceptional Circumstances

ReferenceUse SHIFT+ENTER to open the menu (new window).
  
R v. Quigg [1991] 9 NIJB 38
Hutton LCJ
Making property available for use in connection with terrorism - whether sentence of 10 years manifestly excessive - weight given to the physical condition and personal history of the appellant.
R v. Houston (04/10/91)
Hutton LCJ
Robbery of bank with imitation firearm - exceptional personal circumstance of appellant based on fact - ex police officer who had been subject to two terrorist attacks and had turned to alcohol.
Attorney General's Reference (No.2 of 1993) [1993] 5 NIJB 71
Hutton LCJ
Thirty month imprisonment for offence of burglary - elderly victim - suspended sentence - exceptional mitigating circumstances - whether unduly lenient
Attorney General's Reference (No.1 of 2006) 2006 NICA 4
Kerr LCJ, Nicholson LJ and Girvan J
Guilty pleas - need to plead at earliest opportunity

Section (g) - Role of Part Played by Accused

ReferenceUse SHIFT+ENTER to open the menu (new window).
  
R v. Magee & O'Hagan (17/12/93)
Hutton LCJ
Terrorist offences - conspiracy to murder and cause explosion - deterrent sentences - whether account should be taken for time spent in prison on previous charges.