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Sentencing Tom Spohr Sentencing Tom Spohr

Brzozowski v R [2023] NSWCCA 129

The CCA has drawn out the fine distinctions between regret about consequences, and remorse as to the original offending which led to those consequences – and held that it is only the latter which can result in a finding leading to mitigation of a sentence for the purpose of s 21A(3)(i).

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Sentencing Tom Spohr Sentencing Tom Spohr

Mihelic v R [2019] NSWCCA 2

The CCA has considered circumstances in which it might be an error for a sentencing judge to fail to take sworn evidence of remorse into account – and in the process, seems to have pushed at an open door by saying that a failure by the Crown to cross examine might be used against them.

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