The absence of remorse and lack of regard for consequences of offending cannot be treated as aggravating factors in sentencing; they are properly characterised as the absence of mitigating factors. Where defence counsel introduces uncharged acts into evidence for forensic purposes, the prosecution may obtain leave under s 38 of the Evidence Act 2008 (Vic) to cross-examine its own witness about those matters, even where the uncharged acts were the subject of discontinued charges.
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