State v. Lawless, A-89 September Term 2011; Supreme Court; opinion by Patterson, J.; decided July 22, 2013. On appeal from the Appellate Division, 423 N.J. Super. 293 (App. Div. 2011). [Sat below: Judges Cuff, Lihotz and Waugh in the Appellate Division; Judge Batten in the Law Division.] DDS No. 14-2-0738 [28 pp.]
N.J.S.A. 2C:44-1 established aggravating and mitigating circumstances for a court to consider when it sentences a convicted defendant. N.J.S.A. 2C:44-1(a)(1), the first of 13 aggravating factors, focuses on the nature and circumstances of the offense, including whether it was committed in an especially heinous, cruel or depraved manner. N.J.S.A. 2C:44-1(a)(2), the second aggravating factor, addresses the gravity and seriousness of harm inflicted on the victim.
