A guilty plea may by inference amount to some evidence of remorse for the purpose of s 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999, but will rarely be sufficient alone to meet the preconditions for remorse to operate as a mitigating factor. Where an offender's conduct at sentencing (such as giving evidence denying involvement) contradicts the plea, the plea carries no weight as evidence of remorse beyond its utilitarian value under s 22. Sentencing judges should avoid using 'mid-range of objective seriousness' language when sentencing for offences that do not carry a standard non-parole period, as this risks a two-step approach inconsistent with instinctive synthesis. A difference in remorse between co-offenders can justify different undiscounted sentences even where their criminality is otherwise identical.
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