Section 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not require an offender to give oral evidence before a finding of remorse can be made, but a sentencing judge may give significant weight to the absence of sworn evidence subject to cross-examination when determining whether remorse has been established. Expressions of remorse to psychologists, psychiatrists, or police carry less evidentiary weight than sworn testimony because they are unlikely to be challenged and do not permit assessment of demeanour.
The full text is available to signed-in members, including the 37 later cases that cite this judgment.
9 of the 37 citing cases carry a classified treatment. How each court treated it is available to signed-in members.