An offender's continued denial of guilt does not equate to no prospects of rehabilitation, though it deprives the offender of mitigation for remorse or contrition. Where an offender has no criminal antecedents, an established work history, and has not reoffended between offence and trial, a finding that special circumstances do not exist may be manifestly untenable. Matters going to rehabilitation that have not been given weight in the overall sentence may properly be relied upon to establish special circumstances without double-counting.
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