41I. Mitigating factors.

Where a court has passed a mandatory life sentence in circumstances where the sentence is fixed by law1 and has chosen a starting point2 for the application of the early release provisions3 it must then take into account any aggravating or mitigating factors, to the extent that it has not allowed for them in its choice of starting point4. Mitigating factors that may be relevant include5:


    (1)     an intention to cause serious bodily harm rather than to kill6;


    (2)     lack of premeditation7