The assessment of whether an offender has demonstrated remorse under s 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999 is a discretionary judgment reviewable only for House v The King error. A sentencing judge is not bound to accept assertions of remorse, even when made in the witness box or supported by Juvenile Justice reports, and may reject them based on the totality of the evidence including the offender's demeanour. A sentencing judge need not expressly refer to s 6 of the Children (Criminal Proceedings) Act 1987 provided the remarks on sentence demonstrate awareness of the principles governing sentencing of young offenders.
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