Lack of Remorse: When it can Affect Sentence

An accused’s lack of remorse is not ordinarily an aggravating factor on sentencing, as a court cannot punish the accused for failing to plead guilty or for having mounted a defence. 

R. v. Valentini [1999] O.J. No. 251 (C.A.), at paras. 82, 83; R. v. J.F., 2011 ONCA 220, at para. 84, 105 O.R. (3d) 161; aff’d on other grounds in 2013 SCC 12, [2013] 1 S.C.R. 565.
When Lack of Remorse is Relevant 
Absence of remorse is a relevant factor in sentencing, however, with respect to the issues of rehabilitation and specific deterrence, in that an accused’s absence of remorse may indicate a lack of insight into and a failure to accept responsibility for the crimes committed.  

 Absence of remorse may therefore be properly considered when evaluating the risk of recidivism and, for instance, the need to isolate the accused from society. 

R. v. Shah, 2017 ONCA 872, at paras. 8, 9; R. v. B. P.  (2004), 190 O.A.C. 354 (C.A.), at para. 2; R. v. Valentini, at para. 82; R. v. J.S., 2018 ONCA 675, at para. 84. 

Stuart O’Connell, O’Connell Law Group, www.leadersinlaw.ca (All rights reserved to author). 

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