Conspiracy to commit murder

R. v. Johnson-Audain

Sentence and the Crown's position

Crown asked6 years in custody1
Judge imposedSix years' imprisonment, less 1,047 days' credit for pre-sentence custody1

What the law allows

MaximumLife imprisonment
Crown asked6 years in custody
Judge imposed6 years in custody
Defence asked6 years in custody
For conspiracy to commit murder (CC 465(1)(a)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Nathan Rashawn Johnson-Audain pleaded guilty to conspiring to commit a murder in Surrey in April 2023, during which he carried a loaded handgun and crashed a stolen vehicle into a car he mistakenly believed the target was driving, injuring the driver. The Crown and defence jointly proposed six years' imprisonment. Justice Devlin accepted the joint submission and imposed six years, less 1,047 days' credit for pre-sentence custody, noting his youth, guilty plea, lack of a record and the systemic disadvantage he had experienced.

In the judge's words

Offending of this sort calls for a primary focus on denunciation and deterrence, and must be strongly condemned: Belcourt at para. 24. Murders-for-hire pose a severe danger to the fabric of our society

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
6 years in custody1
Appeal
Not yet checked
Counsel
Crown: M. Bussanich and A. Sahota
Defence: M. Swartz

Sources

  1. R. v. Johnson-Audain, 2025 BCSC 539 Court decision, CanLII, March 21, 2025[18] The Crown and counsel for Mr. Johnson-Audain jointly submit that an appropriate sentence for Mr. Johnson-Audain is six years' imprisonment, less credit for the time he has served in pre-trial custody.[18] The Crown and counsel for Mr. Johnson-Audain jointly submit that an appropriate sentence for Mr. Johnson-Audain is six years' imprisonment, less credit for the time he has served in pre-trial custody.[1] Nathan Rashawn Johnson-Audain is before the Court for sentencing following his guilty plea on January 15, 2025, to conspiring to commit the murder of … contrary to s. 465(1)(a) of the Criminal Code, R.S.C. 1985, c. C-46 [Code].[10] Mr. Johnson-Audain is 22 years old. He was 20 at the time of the offence. He has no prior criminal record.[25] Offending of this sort calls for a primary focus on denunciation and deterrence, and must be strongly condemned: Belcourt at para. 24. Murders-for-hire pose a severe danger to the fabric of our society[31] Mr. Johnson-Audain, please stand. For the offence of conspiring to commit the murder of … I sentence you to six years' imprisonment. … [33] I must now factor into this sentence the credit that Mr. Johnson-Audain must receive for his pre-trial detention. As of today, Mr. Johnson-Audain has spent 698 days in pre-trial custody, since his arrest on April 24, 2023. Thus, at a rate of 1.5:1, he is entitled to a credit of 1,047 days.
  2. Criminal Code, s. 465 Record, Justice Laws Website
  3. R. v. Johnson-Audain, 2025 BCSC 539 Court decision, Courts of British Columbia

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