Racial or religious aggravation was the predominant motivation for the offence. Ideally a pre-sentence report should be completed on the same day to avoid adjourning the case. background-color:#ffffff; In particular, they can have the effect of restricting the offenders liberty while providing punishment in the community, rehabilitation for the offender, and/or ensuring that the offender engages in reparative activities. The primary significance of previous convictions (including convictions in other jurisdictions) is the extent to which they indicate trends in offending behaviour and possibly the offenders response to earlier sentences. BLOG: Uplifting News: revised Assault Guidelines take - Lexology Section 66 of the Sentencing Code states: Hostility (1) This section applies where a court is considering the seriousness of an offence which is aggravated by, (d) hostility related to sexual orientation, or. Reduced period of disqualification for completion of rehabilitation course, 7. What is Section 18 Assault? | Grievous Bodily Harm (GBH) Charges - DPP Law .nf-form-content .nf-field-container #nf-field-88-wrap .nf-field-element .ninja-forms-field:hover { Posted on July 4, 2022 by . (5) For the purposes of paragraphs (a) and (b) of subsection (4), it is immaterial whether or not the offenders hostility is also based, to any extent, on any other factor not mentioned in that paragraph. The table below contains a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. Just another site. The following is a list of factors which the court should consider to determine the level of aggravation. Highly dangerous weapon equivalents can include corrosive substances (such as acid), whose dangerous nature must be substantially above and beyond the legislative definition of an offensive weapon which is; any article made or adapted for use for causing injury, or is intended by the person having it with him for such use. Consider a significantly more onerous penalty of the same type or consider a more severe type of sentence than for the basic offence. Therefore a young adults previous convictions may not be indicative of a tendency for further offending. Forfeiture or suspension of liquor licence, 24. History of significant violence or abuse towards the offender by the victim, the offenders responsibility for the offence and.