Remorse and contrition must be considered as a separate mitigating factor under s 21A(3)(i) of the Crimes (Sentencing Procedure) Act 1999 (NSW) and cannot be subsumed within the utilitarian discount for an early guilty plea under s 25D. A sentencing judge who refers to remorse only in the context of the plea discount, and nowhere else in the sentencing remarks, commits appealable error. However, such error will not result in a lesser sentence where the applicant's extensive recidivism and poor rehabilitation prospects support the sentence imposed.
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