Sorry for Getting Caught—Lack of Remorse and Sentencing
Evidence of an offender’s remorse, as for instance by a plea of guilty, will often justify reduction of a sentence below the level which would otherwise be appropriate for the offence committed. However, a court must be very careful in treating lack of remorse as an aggravating circumstance. A sincere expression of remorse can be an important mitigating factor and can reduce the sentence that might otherwise be imposed. Lack of remorse is not, ordinarily, an aggravating circumstance. It should only be considered aggravating in very unusual circumstances such as where the accused's attitude toward the crime demonstrates a substantial likelihood of future dangerousness. R. v. Anderson (1992), 1992 CanLII 6002 (BC CA); See R. v. Valentini (1999), 43 O.R. (3d) 178 (C.A.), at paras. 80-85. Considering an offender’s lack of remorse as an aggravating factor in sentencing constitutes an error in principle. See R. v. Valentini (1999), 43 O.R. (3d) 178 (C.A.). ...