Suzanne LaSha

This decision concerns the sentencing of two co-accused, Jason Nahmabin and James Armstrong, who pleaded guilty to being accessories after the fact to murder.

Andrew Chute was murdered in April 2022.

Nahmabin, a drug dealer, was instrumental in bringing the victim to the scene and actively assisted the killers post-murder by retrieving evidence and instructing the co-accused to remain silent and destroy evidence.

Armstrong, a first-time offender with addiction issues, drove the killers from the scene and initially lied to police before cooperating.

The court applied sentencing principles, including denunciation, deterrence, and rehabilitation, and extensively considered Gladue factors for Nahmabin.

Armstrong received a 22-month conditional sentence with house arrest and probation, while Nahmabin received four years of incarceration.

The accused, Joseph DiCarlo, charged with first-degree murder, sought judicial release on bail.

The Crown opposed, arguing for detention under the reverse onus provision of s. 515(10)(c) of the Criminal Code, which requires detention to maintain confidence in the administration of justice.

The court considered the strength of the Crown's case (overwhelming evidence including a firearm, multiple gunshot wounds, and presence of children), the gravity of the offence (first-degree murder), the circumstances surrounding the commission (domestic violence, children present, alleged deliberation), and the potential lengthy imprisonment.

Despite a comprehensive bail plan and concerns about the pandemic's impact on pre-trial custody, the court concluded that a reasonable member of the public, properly informed, would find detention necessary to maintain confidence in the justice system.

The bail application was denied, and a detention order was issued.