An offender's progress in overcoming a disadvantaged and dysfunctional background does not negate the relevance of that background to moral culpability under the Bugmy principles; the effects of profound deprivation are enduring and may explain poor decision-making consistent with offending conduct. Remorse and contrition remain a separate mitigating factor from the utilitarian value of a guilty plea, and a sentencing judge must consider remorse where there is a clear evidentiary basis, even absent an explicit submission. When sentencing for failing to stop and assist (s 52AB(1)), care must be taken to ensure the sentence is not of the same order as would be imposed for dangerous driving occasioning death (s 52A(1)), despite identical maximum penalties.
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