A sentencing judge is entitled to give little or no weight to untested hearsay statements of remorse made by an offender to a psychiatrist or other third party, particularly where the offender does not give evidence. The five principles restated at [57] provide a consolidated guide to the treatment of such evidence. Where an offender wishes to establish remorse or other mitigating matters, the evidence should be given directly and in a form that can be tested.
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