1 Reduction in the severity of some penalty. Before sentence is passed on someone convicted of a crime, the defence may make a plea in mitigation, putting forward reasons for making the sentence less severe than it might otherwise be. A plea in mitigation may deal with matters that mitigate the seriousness of the offence and may also deal with personal or family circumstances of the offender. In raising mitigating factors, hearsay evidence and documentary evidence of character are accepted.
2 Reduction in the loss or injury resulting from a tort or a breach of contract. The injured party is under a duty to take all reasonable steps to mitigate his loss when claiming damages.