A miserable and penitent condition (5,5)

I believe the answer is:

sorry state

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'a miserable' is the definition.
I know nothing about this answer so I can't tell whether this works.

'penitent condition' is the wordplay.
'penitent' becomes 'sorry' (similar in meaning).
'condition' becomes 'state' (the state something is in).
'sorry'+'state'='SORRY STATE'

'and' acts as a link.

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

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