Rule 145 Determination of sentence

1.

(a)

Bear in mind that the totality of any sentence of imprisonment and fine, as the case may be, imposed under article 77 must reflect the culpability of the convicted person;

(b)

Balance all the relevant factors, including any mitigating and aggravating factors and consider the circumstances both of the convicted person and of the crime;

(c)

In addition to the factors mentioned in article 78, paragraph 1, give consideration, inter alia, to the extent of the damage caused, in particular the harm caused to the victims and their families, the nature of the unlawful behaviour and the means employed to execute the crime; the degree of participation of the convicted person; the degree of intent; the circumstances of manner, time and location; and the age, education, social and economic condition of the convicted person.

2.

(a)

Mitigating circumstances such as:

(i)

The circumstances falling short of constituting grounds for exclusion of criminal responsibility, such as substantially diminished mental capacity or duress;

(ii)

The convicted person's conduct after the act, including any efforts by the person to compensate the victims and any cooperation with the Court;

(b)

As aggravating circumstances:

(i)

Any relevant prior criminal convictions for crimes under the jurisdiction of the Court or of a similar nature;

(ii)

Abuse of power or official capacity;

(iii)

Commission of the crime where the victim is particularly defenceless;

(iv)

Commission of the crime with particular cruelty or where there were multiple victims;

(v)

Commission of the crime for any motive involving discrimination on any of the grounds referred to in article 21, paragraph 3;

(vi)

Other circumstances which, although not enumerated above, by virtue of their nature are similar to those mentioned.

3.