What are "aggravating factors" in sentencing?

Aggravating factors in sentencing are specific circumstances or aspects of a crime that increase the severity of the sentence imposed on an offender. These factors are considered by the judge to reflect a greater degree of culpability or harm caused by the crime. Examples of aggravating factors might include the use of violence, the vulnerability of the victim, or a prior criminal record.

When a judge deems that such aggravating factors are present, this can result in a harsher penalty than what would typically be imposed for the offence alone. The purpose of recognizing these factors is to ensure that the sentencing reflects not only the nature of the crime but also the broader context in which it occurred, thereby promoting fairness and justice in the legal system.

Understanding aggravating factors is crucial for grasping how the sentencing process works within the Canadian criminal justice system, as they play a vital role in determining the outcome of sentencing decisions.