R v Claros – 2019 ONCA 626 (Paciocco):

[55] I agree with the Crown that the trial judge erred in principle in treating as mitigating the fact Mr. Claros did not testify in his own defence and “did not lie about anything or try to mislead [the court].” The trial judge said he took this “into account”. He should not have done so.

[56] First, it is improper to assign sentencing benefits because accused persons have foregone their right to testify in their own defence. This sends an inappropriate message.

[57] With respect to the reliance on the absence of lies or misleading testimony, honesty with the court is something that is expected. It is a crime to do otherwise. The fact that an accused person has not misled the court should not mitigate or lower the sentence otherwise imposed.