Cassar, mitigation as follows:-
Four personal mitigating factors that are relevant to this type of offending:
Voluntary cessation of offending, especially where accompanied by a genuine expression of remorse.
This may depend upon the time that has elapsed since the commission of the last offence and the reasons why an offender stopped offending. Where it was because of a heightened fear of discovery or the fact that the additional funds were no longer needed, a court may conclude that the degree of mitigation is negligible or that this factor should not be taken into account at all.
Complete and unprompted disclosure of the extent of the fraud. This amounts to ready co-operation with the authorities, which the Council has recognised as offender mitigation. The point at which the disclosure is made and the degree of assistance given to the authorities, should determine the amount of mitigation.
Voluntary restitution. The point at which an offender voluntarily returns property or money obtained through fraud will be important and, the earlier it is returned the greater the degree of mitigation the offender should receive.
Financial pressure. Whilst many are motivated by greed or a desire to live beyond legitimate means, others may be motivated by financial pressure. In principle, financial pressure is a factor that neither increases nor diminishes an offenders culpability in relation to any type of dishonesty offence, including fraud. However, where financial pressure is exceptional and not of the offender's own making, it may in very rare circumstances constitute offender mitigation.