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[46] Both Crown and respondent counsel noted that the judge’s reference to a lack of remorse as an aggravating factor could be viewed as a potential further error. Except in unusual and exceptional circumstances, where an offender has plead not guilty, a lack of remorse is not to be considered an aggravating factor (see R. v. Hawkins, 2011 NSCA 7 (CanLII) ¶ 33). In Hawkins, Justice Beveridge referred to R. v. Valentini (1999), 1999 CanLII 1885 (ON CA), 43 O.R. (3d) 178 (Ont. C.A.) where the court said:
In my view, 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. Even then the trial judge must be careful not to increase the sentence beyond what is proportionate having regard to the circumstances of the particular offence.
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