​KembaraXtra – Legal Terms – Mitigation


Mitigation refers to reducing the seriousness of a penalty, loss, or injury. In criminal law, mitigation commonly arises during sentencing after a defendant has been convicted.


During a plea in mitigation, the defence may present factors that justify a lighter sentence. These may include the offender’s personal circumstances, remorse, good character, health issues, or reduced responsibility for the offence.


The court may also consider family circumstances and other compassionate factors. Hearsay evidence and documentary character evidence are generally admissible during mitigation hearings.


In civil law, mitigation refers to the duty of an injured party to take reasonable steps to minimize losses arising from a tort or breach of contract. A claimant cannot recover damages for avoidable losses caused by failing to act reasonably.


The principle therefore promotes fairness by ensuring that compensation reflects genuine and unavoidable losses only.