COURT FILE NO.: CR-20-0184-00
DATE: 2022-06-22
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
HER MAJESTY THE QUEEN
R. Kozak, for the Crown
- and -
MUSAB SABOON
B. Smart, for the Accused
Accused
HEARD: June 22, 2022, at Thunder Bay, Ontario
Mr. Justice W. D. Newton
Reasons for Sentence
Overview
[1] On April 22, 2022, I found Mr. Hui and Mr. Saboon guilty of the kidnapping of and first degree murder of Lee Chiodo.[^1]
[2] Section 745 of the Criminal Code provides that the sentence for a person convicted of first degree murder shall be imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence.
[3] Section 279(1.1) of the Criminal Code provides that the sentence for a person convicted of kidnapping, if a restricted firearm or prohibited firearm is used, is a minimum punishment of imprisonment for a term of imprisonment for five years up to a term of imprisonment for life.
The Facts
Circumstances of the Offence
[4] The circumstances of the offence are as set out in in my decision of April 22, 2022.
[5] This was a cold blooded kidnapping and murder, motivated by greed and profit in the drug trade. Mr. Chiodo was taken to a remote area of the city and shot in the back of the head while he was lying face down and defenceless.
Circumstances of the Offender
[6] Musab Khamis Saboon is 30 years old. He was born in Sudan and came to Canada with his family in 2000. He is a Canadian citizen. His family consist of his parents and two sisters and two brothers. According to his counsel, Mr. Saboon has completed some secondary school courses and has a work history in factories.
[7] A pre-sentence report was not requested.
[8] Mr. Saboon’s criminal record was filed. Between 2007 and 2009 he had 14 convictions as a young offender. From 2010 to 2018, a period of eight years, he had a further 25 convictions including multiple convictions for robbery, a conviction for armed robbery, and several drug offence convictions. He is not a stranger to the federal prison system.
Impact on the Family of the Victim and the Community
[9] Victim impact statements were received from Lee Chiodo’s brother Peter on behalf of, their sister Elizabeth, and other family members and friends and from Mr. Chiodo’s mother, Sandra Hay.
[10] Lee Chiodo was described as a “gentle soul” who would never resort to violence. Although he struggled with addiction, he was fighting to get off drugs and, a week before his death, he had attempted to reach out to be placed in a rehab facility. His sister had to take a semester off from university because of the stress and trauma caused by his murder.
[11] His mother is suffering from anxiety, depression, and panic attacks. She fears for her safety. She said: “you don’t know what pain is until you know the light has gone out of the eyes of someone that you love.”
[12] I thank Mr. Peter Chiodo and Ms. Sandra Hay for sharing their victim impact statements with me.
[13] I cannot begin to comprehend the grief, stress, and trauma felt by Mr. Chiodo’s family and friends.
[14] These crimes and Mr. Chiodo’s death are evidence of the scourge of gun and drug crime that is infecting this city and this region.
Statement of Mr. Saboon
[15] Mr. Saboon began by expressing sympathy to Mr. Chiodo’s family and then digressed into a statement that his conviction was as a result of racism, lies, and errors of law.
Legal Parameters
[16] Section 745 of the Criminal Code provides that the sentence for a person convicted of first degree murder shall be imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence.
[17] Section 279(1.1) of the Criminal Code provides that the sentence for a person convicted of kidnapping, if a restricted firearm or prohibited firearm is used, is a minimum punishment of imprisonment for a term of imprisonment for five years up to a term of imprisonment for life.
[18] Section 718 of the Criminal Code states that the fundamental purpose of sentencing is to protect society and to contribute to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have objectives. Chief among those objectives are the denunciation of unlawful conduct and the harm done to victims, the deterrence of offenders and other persons from committing offences and, where necessary, to separate offenders from society.
Positions of the Crown and the Defence
[19] There is no dispute between counsel that Parliament requires that the sentence for first degree murder is life imprisonment with no eligibility for parole for at least 25 years.
[20] Counsel disagree on the sentence to be imposed for kidnapping. The Crown submits that the circumstances, the kidnapping to enforce a drug debt, likewise requires a life sentence. Counsel for Mr. Saboon submits that the minimum sentence, five years, is appropriate.
The Sentence
[21] With respect to the kidnapping, I agree with counsel for the Crown that the context of this offence, kidnapping in furtherance of payment for a drug debt, calls out for denunciation, deterrence, and the separation of offenders from society.
[22] On Count 1, first degree murder, I sentence Musab Khamis Saboon to imprisonment for life without eligibility for parole until he has served twenty-five years of the sentence.
[23] On Count 2, kidnapping, I sentence Musab Khamis Saboon to imprisonment for life, to be served concurrently with the sentence for Count 1.
Ancillary Orders
[24] Certain orders are mandated by the Criminal Code. There will be a s. 109 weapons prohibition order for life and an order that Mr. Saboon submit his DNA to the national DNA data bank.
[25] Thank you for your assistance today counsel.
“Original signed by”
The Hon. Mr. Justice W.D. Newton
Released: June 22, 2022
COURT FILE NO.: CR-20-0184-00
DATE: 2022-06-22
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
HER MAJESTY THE QUEEN
Crown
- and –
MUSAB SABOON
Accused
REASONS FOR SENTENCE
Newton J.
Released: June 22, 2022
/cjj
[^1]: R. v. Hui and Saboon, 2022 ONSC 2402.