Sentencers should have particular regard to the fact that these offences are not only committed through force or fear of force but may include exploitative behaviour towards a child which should be considered to indicate high culpability. 4.17 There is, of course, a wide range of aggravating and mitigating factors, common to a number of offences that affect the culpability of an offender in an individual case, and will be taken into account by the court in …
Greater harm and higher culpability More than two weeks’ imprisonment Presumptive sentencing ranges are merely starting points which seek to guide the exercise of sentencing discretion, and are not rigid or immutable anchors. Harm and Culpability A. P. Simester & A. T. H. Smith (eds.) Amazon配送商品ならHarm and Culpability (Oxford Monographs on Criminal Law & Justice)が通常配送無料。更にAmazonならポイント還元本が多数。Simester, A. P., Smith, A. T. H.作品ほか、お急ぎ便対象商品は当日お届けも可能。 Level 1, the most serious level, means a greater level of harm and higher culpability has been found, which comes with a sentencing range of three months to one year in custody.
The harm score therefore required modification to reflect any differences in culpability between one offence and another. When dealing with the statutory offence of rape of a child under 13, the court may be faced with a wide range of offending behaviour. Determining harm and culpability Overall provisional harm score 4.1 Steps 1 and 2 of our methodology provided us with a tool for arriving at total harm scores for the imprisonable offences contained in the five Acts subject to the review.