Prior convictions of Aboriginal offenders must be viewed against the background of social disadvantage, and genuine rehabilitation efforts by such offenders must be given proper recognition. The forgiveness of an offender by a victim and its positive effect on rehabilitation prospects is a relevant factor in sentencing. A sentencing judge may express preliminary views and query the prosecutor about the basis for acceptance of a plea, but must ultimately sentence without prejudgment; the tone and emphasis of such remarks should not be excessive.
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