What Counts As A Mitigating Circumstance?

What is the difference between mitigating and extenuating circumstances?

Mitigating is you have reasons and excuses for doing something bad.

extenuating is reasons why what you did is not so bad..

How do mitigating factors reduce a sentence?

Mitigating factors are those connected to the commission of the offence, the defendant or the victim which the sentencing court consider as meriting a lesser penalty. There are numerous mitigating factors and much case authority in relation to them [see Lunn’s Criminal Law SA Online].

What is an example of a mitigating circumstance?

Mitigating circumstances are factors in the commission of a crime that lessen or reduce its moral and legal consequences. … Mitigating circumstances must be relevant to why an offense was committed. Examples of mitigating circumstances include the age, history, and remorsefulness of the defendant.

Is mental health a mitigating circumstance?

Examples of possible mitigating circumstances include: Bereavement. Serious short term illness. … Mental health condition.

What is a good mitigating circumstance?

Some examples of mitigating circumstances are: Serious ill health or injury, including physical or mental ill health. The death or serious illness of a family member or close friend. Serious housing, family or financial problems leading to significant stress. Absence for responsibilities like jury service.

What is the effect of mitigating circumstances?

Mitigating (or extenuating) circumstances are factors that tend to lessen the severity of a crime or its punishment by making the defendant’s conduct understandable or less blameworthy. Mitigating circumstances might include a defendant’s young age, mental illness or addiction, or minor role in the crime.

How do you get a mitigating circumstance?

In order for a mitigating circumstances claim to be accepted, you must demonstrate, to the Mitigating Circumstances Board that the mitigating circumstances:were outside your control; and.were unforeseen and unforeseeable; and.were serious; and.were evidenced to be true; and.More items…

What are mitigating circumstances in university?

The University defines a mitigating circumstance as: A serious or significant event affecting a student’s health or personal life which is beyond the student’s control. The events are sufficiently serious enough in nature to result in the student being unable to attend, complete, or submit an assessment on time.

What are the justifying circumstances?

JUSTIFYING CIRCUMSTANCES (Article ll of the Revised Penal Code)  Are those where the act of a person is said to be in accordance with the law, so that such person is deemed not to have transgressed the law and is free from both civil and criminal liability.

Is anxiety an extenuating circumstance?

Feeling ‘below par’, stressed and anxious leading up to and during an assessment(s) is a common experience of many students. It is not considered to be an acceptable extenuating circumstance unless a medical diagnosis of illness has been made.

How do you prove extenuating circumstances?

Extenuating Circumstancesdocuments that confirm the event. such as a copy of a divorce decree, medical reports or bills, notice of job layoff, job severance papers, etc.; and.documents that illustrate factors that contributed to the borrower’s inability to resolve the problems that resulted from the event.

How do I apply for mitigating circumstances?

You should make a mitigating circumstances request no later than 7 calendar days after the assessment deadline or the date of a time-bound assessment or exam. If there are exceptional circumstances that stop you from making the request during this time frame, contact your school to let them know the circumstances.

What are examples of mitigation?

Examples of mitigation actions are planning and zoning, floodplain protection, property acquisition and relocation, or public outreach projects. Examples of preparedness actions are installing disaster warning systems, purchasing radio communications equipment, or conducting emergency response training.

What are mitigating circumstances in disciplinary hearings?

The Employer should consider any mitigating factors, such as exemplary service, normal behaviour and conduct, the consequences of dismissal (for their career), any provocation, length of service, consistent treatment between employees. All mitigating factors are expected to also be taken into account.