Mitigating Circumstances refer to those circumstances that help to reduce the penalty of an accused

upon conviction. They are generally adduced as defense evidence by an accused during the sentencing
phase. They provide the reason why the defendant should not receive the death sentence or other
serious penalties. Mitigating circumstances will not excuse or justify the criminal conduct of an accused.
It is out of mercy and fairness that the court considers these circumstances. Mitigating circumstances
include lack of prior criminal record, abusive childhood, mental problems, defendant's youth, and
defendant's showing of remorse. The fact that the offence is committed out of a heat of passion will be
treated by the court as a mitigating circumstance to reduce the punishment awarded to the accused.
Hence, mitigating circumstances helps to reduce the penalties associated with a crime. For example, if a
person kills his/her spouse who is having an affair, the fact that s/he caught him/her engaged in
infidelity is considered a mitigating circumstance. Here an accused is not excused from killing, but
his/her crime is seen as more understandable

aggravating circumstances
Circumstances that increase the seriousness or outrageousness of a given crime, which
will increase the wrongdoer's penalty or punishment. For example, the crime of
aggravated assault is a physical attack made worse because it is committed with a
dangerous weapon, results in severe bodily injury, or is made in conjunction with another
serious crime. Aggravated assault is usually considered a felony, punishable by a prison
sentence.