An offender's lack of prior convictions and good character under s 21A(3)(e) of the Crimes (Sentencing Procedure) Act 1999 (NSW) is not confined in its mitigating effect to the assessment of rehabilitation and risk of re-offending but has a wider application in the sentencing process. There is no necessary contradiction between an offender being unable to explain why he offended and yet still being genuinely remorseful; a sentencing judge errs by conflating the two concepts.
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