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4. Criminal
responsibility
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Article 38-Forms of
remorse
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| 38.1 |
Forms of remorse |
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The evidence of remorse by an offender of their crime shall always be a factor in the consideration of sentence. |
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| 38.2 |
An early guilt plea and remorse |
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In the first instance, the offering of a plea of guilt by an offender at their initial pre-trial hearing, prior to the commencement of any criminal trial or criminal hearing shall be the clearest and strongest indication of remorse. |
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In such circumstances, the offender shall be eligible to the mitigating sentence regime of absolution. |
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| 38.3 |
An acceptance of verdict in trial or hearing and remorse |
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In the second instance, the acceptance of an offender of the verdict of the jury in the case of a trial or the verdict of the judge in the case of a criminal hearing shall be the second most significant sign of remorse. |
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Acceptance of the verdict and sentence in this instance is the waiving by the offender of their right to appeal. Where an offender refuses to waive their right to appeal, then it shall be deemed that the offender has shown no remorse, regardless of any personal testimony, emotions to the contrary or expert and/or character witness testimony. |
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| 38.4 |
Non remorse and obligation to impose maximum limits of sentence |
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Where a convicted offender shows no remorse, it is the obligation of the judge and/or jury to impose the maximum allowable sentence on the convicted offender. |
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