Post-offence statements by an accused expressing lack of remorse, justifying the killing, or stating they would do the same thing again cannot be treated as 'determinative' of whether the accused lost self-control at the time of the killing under s 23 of the Crimes Act 1900 (NSW). Such statements do not of themselves negative loss of self-control. However, a sentence imposed under the rejected R v Way principles may nonetheless be upheld if it is consistent with the Muldrock approach and the standard non-parole period did not exert excessive or determinative influence.
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