Under s 5(2C) of the Sentencing Act 1991 (Vic), a sentencing court may have regard to the conduct of an accused at trial as an indication of lack of remorse, including where the accused admitted guilt before trial but then accused complainants of lying. This does not constitute impermissible punishment for exercising the right to plead not guilty. The High Court's rejection of utilitarian considerations in Cameron v The Queen applies only to the Western Australian legislative regime and not to sentencing under the Victorian Sentencing Act.
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