Accused arraigned on an indictment containing 37 counts, including, theft, property damage, burglary, aggravated burglary, dishonestly receiving stolen property, and, dishonestly taking and using a motor vehicle.

In considering whether any of the offences should be referred to restorative justice, Refshauge ACJ outlined the growing evidence in support of restorative justice and its value for victims, offenders and the justice system (para. 5­­–8).

Refshauge ACJ highlights how restorative justice may be utilised in sentencing, stressing that whether restorative justice will play a role is dependent on the facts (para. 63)

A willing and successful participation in restorative justice may well be regarded as indicative of remorse… That, however, may not necessarily be so and a willingness to participate in itself may not be sufficient evidence of remorse.

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