An offender who wishes to rely on delay between arrest and sentence as a mitigating factor bears the onus on the balance of probabilities of establishing that delay, and must adduce evidence connecting the delay to identifiable harm — general evidence of anxiety and depression without linking it to the delay is insufficient. A plea of guilty that attracts a sentencing discount does not, without more, constitute evidence of remorse where the issue was not raised at sentencing and the offender did not give evidence.
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