Section 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999 (NSW) requires an offender to provide evidence of acceptance of responsibility and acknowledgment of injury as a precondition to reliance on remorse as a mitigating factor, but does not require the offender to give sworn evidence. However, a sentencing judge is entitled to give reduced weight to evidence of remorse sourced solely from tendered material where the offender has not given evidence. A plea of guilty to recklessly inflicting grievous bodily harm under s 35(2) of the Crimes Act 1900 carries with it an admission that the offender acted with foresight of the possibility of injury.
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