Examples of Mitigating Factor in a sentence
The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts.(g) Mitigating Factor.
If the judge applies the catchall Aggravating Factor #11 or Mitigating Factor #10, then the judge must state on the record what substantial and compelling basis he or she found that was comparable in gravity to the enumerated aggravating and mitigating factors.
Similarly, the judge may use the “catchall” departure (Aggravating Factor #11; Mitigating Factor #10) if the judge finds another substantial and compelling reason, comparable in gravity to the enumerated factors, that aggravates/mitigates substantially the seriousness of the offense or the defendant’s culpability.
If the judge believes that the minimum sentence is so harsh that it is manifestly unjust, he or she may apply Mitigating Factor #9.
The only exceptions to this rule are Aggravating Factor #10 and Mitigating Factor #11, which allow the judge to depart if the application of the rules for consecutive or concurrent sentencing result in a sentence that is too lenient or too harsh respectively.