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Domestic Abuse
When sentencing domestic abuse, do the DA specific guidelines apply when assessing harm and culpability or the second part where aggravating and mitigating factors are assessed within the sentencing range?
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He asked for what appeared to be advice on what turnt out to be a hypothetical scenario.
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You need to put the domestic abuse sentencing guidelines to one side for a moment, in order to step back and see how they fit into the wider scheme of things.
In all sentencing proceedings, 'Step 1' involves arriving at a provisional sentence, based upon both 'harm' and 'culpability. It's not until 'Step 2' that aggravating and mitigating factors come into play:
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Therefore the domestic abuse guidelines about aggravating and mitigating factors can only relate to 'Step 2'.
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In all sentencing proceedings, 'Step 1' involves arriving at a provisional sentence, based upon both 'harm' and 'culpability. It's not until 'Step 2' that aggravating and mitigating factors come into play:
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Therefore the domestic abuse guidelines about aggravating and mitigating factors can only relate to 'Step 2'.
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