Remorse under s 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999 (NSW) is a discrete mitigating factor that must be assessed separately from rehabilitation and risk of re-offending. An offender's inability to remember or explain offending does not preclude a finding of genuine remorse. Where evidence of remorse is unchallenged and the Crown concedes remorse, the sentencing judge must make a finding on the question; failure to do so constitutes appealable error.
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