A sentencing judge is not required to disregard an unsworn letter of apology when assessing remorse under s 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999 (NSW), but is entitled to find that late, untested expressions of remorse in such a letter are insufficient to satisfy the statutory precondition, particularly where the offender has not given sworn evidence and has not clearly accepted guilt for the offending conduct.
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