A sentencing judge must assess remorse by reference to the offender's conduct subsequent to the offending, not by reference to the offender's state of mind at the time of offending. A lack of consideration for victims during the commission of offences does not justify rejecting evidence of remorse expressed afterwards. Separately, while a sentencing judge may infer victim impact absent victim impact statements, the judge should not speculate about why victims did not prepare such statements.
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