THE ART OF MITIGATION

1. What is mitigation?

Mitigation is a submission by the accused to the court for leniency in sentence.

2. When to mitigate?

Mitigation is done after the court convict the accused with offence either after the full trial or after the accused plead guilty.

3. How to mitigate?

It is very subjective, therefore needs knowledge and experience.

Knowledge includes:-

a. the accused personal information (family background, educational qualification, medical history, employment history and any other relevant factors);

b. the accused family information;

c. nature of the charge/offence;

d. penalties in the statute;

e. case law/precedent.

Experience includes:-

Use appropriate language and intonation. Only reveal important facts and avoid using facts that weaken or spoil the mitigation.

4. Why do need mitigation?

We assume that a judge had in his mind on the sentence that will be delivered before the mitigation is done. Therefore, the role of the mitigation is an effort to change/minimize the sentence imposed on the accused.

5. Submission by prosecution?

The usual submission made by the prosecution in seeking harsher/deterrence punishment are aggravating factors which include:-

a. public interest;

b. rampancy of the offence;

c. previous conviction;

d. the seriousness of the offence;

e. accused’s lack of regret; and

f. any other relevant factors.