An offender who does not give evidence on sentence and relies only on untested statements to a psychologist or Corrective Services officer to establish remorse faces a finding that remorse has not been demonstrated, and such a finding will be upheld on appeal. Satisfaction of s 21A(3)(i)(i) and (ii) of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not mandate a finding of remorse. An offender seeking amelioration of sentence on account of COVID-19 must adduce evidence of the pandemic's impact on their conditions of custody.
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