ADVANCED AGE AS A MITIGATING FACTOR

The sentencing of an offender is not determined in a vacuum. Certain guidelines and principles have been developed that should be applied every case: the circumstances case; severity crime; mitigating aggravating factors regarding offender; interests society; purposes specifically deterrence, prevention, rehabilitation retribution, as well mercy. focus this note only on single aspect equation, extent to which advanced age constitutes possible factor. Although much has written youthful offenders, very little jurisprudence exists impact persons opposite side spectrum. This can partly attributed fact elderly general commit fewer crimes there are appeals noted reported taken into consideration during sentencing. commences with overview common law, proceeds discussion South African sources concludes brief comparison approach adopted Zimbabwean, English Australian jurisdictions regard older offenders.