The first precondition of s 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999 (NSW) — requiring evidence that the offender has accepted responsibility for his or her actions — does not require the offender to volunteer all particulars of the role played in the offence or the roles of co-offenders. A sentencing judge who finds that an offender has shown remorse must give the offender the benefit of that mitigating factor if the preconditions are satisfied. A sentencing judge who rejects unchallenged and uncontroverted affidavit evidence without cross-examination or contradictory evidence commits an error of fact that may vitiate the sentencing discretion.
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