A voluntary undertaking to make restitution, accompanied by concrete steps such as putting properties on the market, is entitled to some weight as a mitigating factor even where actual payment has not been made at the time of sentence. This ameliorative conduct is distinct from remorse under s 21A(3)(i) and may justify leniency in its own right. The fact that an offender whose judgment was affected by mental illness retained awareness of the wrongfulness of conduct is relevant to, but not determinative of, the weight to be given to general deterrence.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.