![]() A mitigating factor is something that decreases the sentence, for example, this is the first time the offender has been found guilty of an offence. An aggravating factor is something that increases the sentence, such as the offender's criminal record. For example, the Court may increase or decrease a sentence to account for aggravating and mitigating factors relating to the offender or the offence. ![]() In arriving at a sentence, the Court will have to consider several factors. If an accused person pleads guilty or is found guilty at trial, the Court must then determine a sentence that is fair considering the circumstances, the seriousness of the offence, and the offender's degree of responsibility. If an accused person is found not guilty, they are acquitted of the charge and are free to go, with the exception of those found not guilty on account of mental disorder. Indeterminate Sentence for Dangerous Offenders.
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