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Condition of the miserable and penitent (5,5)

Ross

I believe the answer is:

sorry state

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'condition of' is the definition.
I don't know anything about this answer so I can't judge whether it can be defined by this definition.

'miserable and penitent' is the wordplay.
'miserable' becomes 'state' (I am not sure about this - if you are sure you should believe this answer much more).
'and' says to put letters next to each other.
'penitent' becomes 'sorry' (similar in meaning).
'state' after 'sorry' is 'SORRY STATE'.

'the' acts as a link.

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I've seen this clue in The Globe and Mail.
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