A sentencing judge must afford the offender an opportunity to be heard on any aggravating factor under s 21A(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) that the judge proposes to take into account, even where the factor may be inherent in the offence. Express findings must be made on remorse and rehabilitation prospects where evidence on those matters has been tendered, even in the absence of specific submissions. However, failure to make such findings does not necessarily result in a lesser sentence where the appellate court, exercising its own discretion, reaches the same result.
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