Mitigation and Sentencing FAQ

When determining a sentence, a judge  can consider all information that reasonably relates to the defendant's culpability. Information of this type falls into two categories: 

• information about the offence and 
• information about the offender.

For guidance as to the factors they should consider, judges can look to statutes that list aggravating and mitigating circumstances. But the mitigating factors that a statute lists generally aren't exclusive—judges can consider other criteria that relate to the defendant and the crime.

The following are common in court when asking for a lighter sentence. However, the factors ultimately depend on the laws as in certain offences e.g. drug trafficking would exclude most of the mitigating factors.

• Victim culpability.  For example, an assault instigated by the victim.
• Unusual circumstance. Extreme stress or provocation resulting in wounding on the victim.
• No harm. Nobody was injured in a traffic accident in an offence of careless driving.
• Clear record. The defendant doesn't have a criminal record, or only has a relatively minor record such as common assault.
• Relative necessity. Starving jobless man stealing at 7-11 store.
• Remorse. Accepting responsibility and showed remorse, especially guilty plea and compensating financial loss of a theft victim.
• Co-operative. Admission to the police.
• Difficult personal history. Unfortunate bring up causing psychological disorder giving rise to assault on others.
• Addiction or impulsion. Natural borne psychological mishape e.g. indecent assault on girls,

It's important to always abide by the law and respect the judicial system. 

However, if you are facing a legal case in Hong Kong and want to get a lighter punishment, here are a few things you can do:

1. Hire a competent and experienced lawyer who can represent you effectively in court. A good lawyer can present your case in the best possible light and argue for a lighter sentence based on your circumstances and mitigating factors. 
2. Show remorse and plead guilty. If you admit your guilt early on and take full responsibility for your actions, the judge may take that into consideration when deciding on your sentence. 
3. Provide evidence of your good character and conduct. If you have a clean criminal record, a stable job, and a good reputation in your community, your lawyer can present this information to the judge to argue for a more lenient sentence. 
4. Cooperate with the authorities and follow all legal procedures. If you are cooperative and show a willingness to make amends for your wrongdoing, it may help to mitigate the severity of your punishment. 

It's important to note that each case is unique, and the outcome depends on a variety of factors. The best course of action is to work with a qualified lawyer who can guide you through the legal process and advise you on the best strategies to get a lighter punishment.