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Remorse is well established as a mitigating factor in sentencing in a number of jurisdictions. However, the impact of remorse on sentencing is underexplored. The present study addressed this topic using a dataset of 187 unreported cases from South Australian higher courts in which remorse was mentioned. The relationship between remorse and sentencing outcomes, and the relative influence of remorse compared to other offender characteristics, was investigated. There were univariate relationships between remorse and length of imprisonment, length of non-parole period and suspension of imprisonment. Multivariate regression analyses showed that remorse predicted length of imprisonment and non-parole period when controlling for other offender factors, but did not predict suspension of imprisonment. When controlling for the relationship of the plea to sentencing outcomes, remorse was not a significant predictor of length of imprisonment and non-parole period. Results suggest that remorse may contribute little to reduced sentences after accounting for the effect of a guilty plea.
Michael Proeve (2024) studied this question.