What Matters Are Taken into Account in Determining Objective Seriousness of an Offence?
The Court of Criminal Appeal in Way rejected the view that the objective seriousness of an offence was confined to the physical acts of the offender and their effects. The Court gave as examples of matters, which could be taken into account in determining objective seriousness: motivation (including duress, provocation, or need to feed a drug addiction), mental state, and mental illness or disability (where such illness or disability is causally related to the offence) (Way at para [86]). What Factors Can Be taken into Account in Fixing the Non-Parole Period? Section 54B(3) of the Act states that the reasons for which the court may set a non-parole period that is longer or shorter than the standard non-parole period are only those referred to in s. 21A. Section 21A of the Act sets out a list of aggravating factors, and a list of mitigating factors, which must be taken into account on sentencing. However s. 21A(1) of the Act also states ‘The matters referred to in this subsection are in
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- What Matters Are Taken into Account in Determining Objective Seriousness of an Offence?
