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
- A ‘weapon’ can take many forms
- The use or production of a weapon has relevance
- to the culpability of the offender where it indicates planning or intention to cause harm; and
- to the harm caused (both physical or psychological) or the potential for harm.
- Relevant considerations will include:
- the dangerousness of the weapon;
- whether the offender brought the weapon to the scene, or just used what was available on impulse;
- whether the offender made or adapted something for use as a weapon;
- the context in which the weapon was threatened, used or produced.
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 assessing the relevance of this factor to culpability.