A sentencing judge may not rely on the absence of remorse as a reason for exceeding the standard non-parole period, as this effectively treats the absence of a mitigating factor as an aggravating factor contrary to the structure of s 21A. The absence of remorse may explain why a heavier sentence was imposed compared to a remorseful co-offender, but it may not be used to impose a heavier sentence. Section 54B(6) does not limit the court to objective factors when setting the non-parole period; it merely relaxes the record-keeping obligation.
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