Source: (2005) Deakin Law Review, 10 (2);760-770

[In their 2001 article "Feeling Sorry? — Tell Someone Who Cares: The Irrelevance of Remorse in Sentencing", Bagaric and Amarasekara argue that offender remorse should be abandoned as a mitigating factor in sentencing because it lacks adequate doctrinal support. The present article argues that Bagaric and Amarasekara's survey of reasons for remorse being a mitigating factor is not wide enough, and, moreover, that their arguments against the reasons that they do consider are, at least, controversial. In the course of this reply, the present article also replies to arguments against remorse as a mitigating factor put forward by R. A. Duff.] Author's Abstract