Jacquie Pemberton

The accused, Nakhari Henry-Robinson, pleaded guilty to possession of a loaded restricted firearm, careless storage of a firearm, and breaches of a release order and a probation order.

The court considered aggravating factors, including a significant and related criminal record and the dangerous nature of possessing a loaded firearm in a public place.

Mitigating factors included an early guilty plea, the accused's youth (22 years old), challenging social context (anti-Black racism, poverty, exposure to gun violence), and harsh pre-sentence custody conditions due to lockdowns and the COVID-19 pandemic.

The judge emphasized denunciation and deterrence as primary sentencing principles for firearms offences, rejecting the defence's argument for a conditional sentence or time served.

The court imposed a sentence of 40 months for the firearm offence, with concurrent sentences for the other charges, resulting in 17.5 months of additional jail time after accounting for pre-sentence custody credit.

N.M., a young person, pleaded guilty to second-degree murder of his foster father.

The Crown sought an adult sentence, arguing N.M. had sufficient maturity and that a youth sentence would be insufficient for accountability.

The court considered N.M.'s disadvantaged background, emotional development issues, and the cumulative pressures he faced, including racism and family dysfunction.

The judge found that the Crown failed to rebut the presumption of diminished moral blameworthiness and that a youth sentence could hold N.M. accountable.

N.M. was sentenced to a youth sentence of seven years, comprising three-and-a-half years in custody and three-and-a-half years under conditional supervision, with no credit for pre-sentence custody.