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Which of the following may be an aggravating factor when sentencing in a criminal trial? (A) The offender not being aware of the consequences of their actions (B) The offender not planning the crime (C) The age of the offender (D) The age of the victim - HSC - SSCE Legal Studies - Question 13 - 2011 - Paper 1
Question 13
Which of the following may be an aggravating factor when sentencing in a criminal trial? (A) The offender not being aware of the consequences of their actions (B) ... show full transcript
Worked Solution & Example Answer:Which of the following may be an aggravating factor when sentencing in a criminal trial? (A) The offender not being aware of the consequences of their actions (B) The offender not planning the crime (C) The age of the offender (D) The age of the victim - HSC - SSCE Legal Studies - Question 13 - 2011 - Paper 1
Step 1
Identify the aggravating factors
Answer
To determine which option may be considered an aggravating factor during sentencing, we must evaluate each choice. Aggravating factors typically enhance the severity of the sentence.
- Option A: While a lack of awareness may lead to a more lenient sentence, it does not aggravate the situation.
- Option B: Not planning a crime generally would not be viewed as an aggravating factor; it may instead signal impulsiveness.
- Option C: The age of the offender is generally not an aggravating factor; it can be mitigating if they are a minor.
- Option D: The age of the victim is indeed an aggravating factor. Sentences are often considerably harsher for crimes committed against vulnerable victims, such as minors.
Thus, the most appropriate answer would be (D) The age of the victim.