Where evidence of remorse under s 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999 (NSW) is not self-evident on the materials and no submissions on remorse were made below, no error can be attributed to a sentencing judge for failing to give weight to remorse. Grounds of appeal in sentence matters asserting patent error should be formulated as standalone grounds rather than sub-grounds of manifest excess, to avoid the risk that the error is made good but the applicant is unsuccessful on the overall ground and the Court is not required to reassess the sentence.
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