A sentencing judge is entitled to treat untested, self-serving statements by an offender in tendered reports (such as psychologist's reports and pre-sentence reports) as inconsequential and give them no weight when assessing remorse under s 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999 (NSW), particularly where the offender does not give evidence. While the focus in a sentence appeal must be on the sentence actually imposed, it is legitimate to have regard to the notional starting point where there is no dispute as to the discount for a guilty plea, to ensure the discount does not conceal a manifestly excessive sentence.
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