When determining the weight to be attached to an offender's participation in a Koori Court sentencing conversation, a sentencing court should consider: (1) the voluntary and confronting nature of participation, including the element of 'shaming'; (2) the offender's personal demonstration of remorse, insight, and intention to reform; and (3) the court's assessment of the genuineness of the offender's statements, taking account of all information before the court. The weight of participation as a mitigating factor may be significantly diminished where the offender has previously participated in a Koori Court sentencing conversation and failed to live up to prior statements of intention to reform. There is no obligation on the Koori Court to request Gladue-style pre-sentence reports, though it has power to do so.
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