Aggravation (law)

Multi tool useCriminal law |
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Elements
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- Actus reus
- Mens rea
- Causation
- Concurrence
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Scope of criminal liability |
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- Complicity
- Corporate
- Vicarious
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Severity of offense |
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- Felony
Infraction (also called violation)
- Misdemeanor
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Inchoate offenses
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- Attempt
- Conspiracy
- Incitement
- Solicitation
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Offence against the person
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- Assassination
- Assault
- Battery
- Child abuse
- Criminal negligence
- Defamation
- False imprisonment
- Harassment
- Home invasion
- Homicide
- Intimidation
- Kidnapping
Manslaughter (corporate)
- Mayhem
Murder
- Negligent homicide
- Invasion of privacy
- Robbery
- Torture
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Sexual offences
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- Adultery
- Bigamy
- Fornication
- Incest
- Indecent exposure
- Masturbation
- Obscenity
- Prostitution
- Rape
- Sexual assault
- Sodomy
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Crimes against property
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- Arson
- Blackmail
- Bribery
- Burglary
- Embezzlement
- Extortion
- False pretenses
- Fraud
- Gambling
- Intellectual property violation
- Larceny
- Payola
- Pickpocketing
- Possessing stolen property
- Robbery
- Smuggling
- Tax evasion
- Theft
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Crimes against justice
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- Compounding
- Malfeasance in office
- Miscarriage of justice
- Misprision
- Obstruction
- Perjury
- Perverting the course of justice
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Crimes against the public
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- Apostasy
- Begging
- Censorship violation
- Dueling
Illegal consumption (such as prohibition of drugs, alcohol, and smoking)
- Suicide
- Terrorism
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Crimes against animals
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- Cruelty to animals
- Wildlife smuggling
- Bestiality
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Crimes against the state |
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Defences to liability
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- Automatism
- Consent
- Defence of property
- Diminished responsibility
- Duress
- Entrapment
- Ignorantia juris non excusat
- Infancy
- Insanity
- Justification
Mistake (of law)
- Necessity
- Provocation
- Self-defence
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Other common-law areas |
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- Contracts
- Evidence
- Property
- Torts
- Wills, trusts and estates
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Portals |
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Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself."[1]
Aggravated assault, for example, is usually differentiated from simple assault by the offender's intent (e.g., to murder or to rape), the extent of injury to the victim, or the use of a deadly weapon. An aggravating circumstance is a kind of attendant circumstance and the opposite of an extenuating or mitigating circumstance, which decreases guilt.
In the UK, the Criminal Justice Act 2003 requires a court to consider (a) relevant previous convictions, (b) racial or religious aggravation, and (c) hostility towards the victim or to persons generally based on sexual orientation (or presumed sexual orientation) or disability (or presumed disability) when determining sentence for a conviction.[2]
The antonym of aggravation is mitigation.
References
^ Black, Henry Campbell, Black's Law Dictionary, 6th edition. (St. Paul, MN: West, 1991)
^ Criminal Justice Act 2003, sections 143, 145 and 146
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