A8 Gratuitous

Effective from: 01 October 2019

Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence

Where an offender deliberately causes additional harm to a victim over and above that which is an essential element of the offence – this will increase seriousness. Examples may include, but are not limited to, posts of images on social media designed to cause additional distress to the victim.

Where any such actions are the subject of separate charges, this should be taken into account when assessing totality.

When sentencing young adult offenders (typically aged 18-25), consideration should also be given to the guidance on the mitigating factor relating to age and/or lack of maturity when considering the significance of this factor.