This might well vary between countries, but passing sentence is typically the role of the judge or magistrate, and separate from determining guilt, which may be

This might well vary between countries, but passing sentence is typically the role of the judge or magistrate, and separate from determining guilt, which may be determined be a jury or lower court. e.g. in the UK & other common law states once a defendant is found guilty a judge or magistrate will determine sentence and consider these factors, among others. Depending on the severity of the crime, the sentencing may also be referred by a magistrate to a higher court able to impose a more severe penalty. (see https://www.judiciary.uk/you-and-the-judiciary/sentencing/ https://www.judiciary.uk/you-and-the-judiciary/sentencing/ for a good example)