Where no motive for a murder can be established, the absence of a causal explanation for the crime may be taken into account indirectly in assessing the offender's dangerousness and the need for community protection, provided it is not treated as an aggravating factor in itself. The Louizos v R dictum that unproven motive cannot be taken into account 'in any other way relevant to sentencing' is confined to the specific error of converting the absence of an aggravating factor into a mitigating factor. A sentence of 40 years (NPP 30 years) for a murder not in the worst category, involving an unprovoked knife attack with intent to kill but without premeditation, special cruelty, or other common aggravating features, was manifestly excessive; 34 years (NPP 25 years 6 months) was substituted.
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