Comment apprécier l'absence de remords du contrevenant face à la possibilité d'imposer un emprisonnement avec sursis

R. v. Bynoe, 2025 ONCA 274

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[11]      The appellant relies on Reeve, for the proposition that a lack of remorse cannot be treated as an aggravating factor because to do so would come very close to punishing the offender for making full answer and defence. However, as this court made clear in R. v. Walker, 2021 ONCA 863, at para. 4, in the context of a conditional sentence analysis, which includes a focus on future dangerousness, it is open to the trial judge to consider that the appellant did not appear to understand the seriousness of the offences. In our view, this is precisely what occurred in this case. The trial judge made no reference to remorse, but did refer, appropriately in our view, to the appellant’s failure to show insight into and take responsibility for his actions, as he explained why he concluded that a conditional sentence was not sufficient in the appellant’s circumstances.