A finding by a sentencing judge about the applicability of the Verdins principles is a finding of fact that will attract appellate intervention only if it can be shown the finding was not reasonably open on the evidence. Where reliance is placed on Verdins proposition 1 (moral culpability), the evidence must establish on the balance of probabilities a causal connection between the impairment of mental functioning and the offending; diagnostic labels alone are insufficient. An offender represented by counsel cannot rely on appeal on aspects of Verdins expressly disavowed on the plea. The burden of establishing remorse lies on the offender on the balance of probabilities.
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