R v Barney [2007] All ER (D) 98 (Dec)
In the context of dealing with the issue of remorse on the one hand and pleas of guilty on the other, sentencing is not simply a matter of arithmetical precision. The question of remorse cannot be entirely divorced from the question of a defendant’s guilty plea.
Where an entirely fictitious story was told to the police, that is a matter which the court is entitled to take into account when deciding upon the credit to be given for a subsequent guilty plea. A remorseful plea of guilty will not necessarily result in a discount of greater than a third, although there are some circumstances in which clear remorse might be taken into account as an additional factor.
A reduction in the credit due for a guilty plea on the basis of lack of remorse might not in itself be appropriate. However, where a defendant went out of his way to seek to avoid responsibility (eg denying responsibility in the defence case statement), that can be taken into account in the context of remorse and the plea of guilty.
