Possession of Stolen Property (Sentencing Cases)

From Criminal Law Notebook

Possession Under $5,000

Case Name Prv. Crt. Sentence Summary
R v Sagoo,
2008 BCCA 41 (CanLII), per Saunders JA
BC CA 6 months possession stolen car
R v Maurice,
1983 ABCA 77 (CanLII), per McGillivray CJ
AB CA 9 months Offender broke into parked cars and stole items. Offence involved a shotgun and a radio. Offender was 20 years old and had 7 prior break and enters and one stolen credit card offence. Trial judge ordered 3 years global, reduced to 9 months on the basis of the "jump principle".

Possession Over $5,000

Case Name Prv. Crt. Sentence Summary
R v Yakobchuk,
2016 BCCA 458 (CanLII), per Harris JA
BC CA 2 years less a day (global)
12 months (poss'n, vehicle)
The offender pleaded guilty to possession of stolen property for possessing a stole vehicle and a stolen bicycle. He was in his mid-thirties and had a serious drug addiction. He had a long record of property and violent offences. The initial sentence was a joint recommendation.
R v Logan,
2011 BCPC 221 (CanLII), per Ball J
BC PC 9.5 months The offender was convicted with poss'n of stolen property, driving while disqualified and breach probation. He stole a vehicle.
R v GS,
2008 MBCA 144 (CanLII), per Steel JA
MB CA poss'n of stolen property x 3
theft over
dangerous driving
flight from police
33 months
R v Robertson Clarke,
2009 QCCA 639 (CanLII), per curiam
QC CA Suspended Sentence (JR) The offender plead guilty to possessing a stolen vehicle. He was aged 21 and no criminal record.
R v Solowan,
2008 SCC 62 (CanLII), per Fish J
SCC SCC 3 months + Prob. The offender was convicted of possession of stolen property and flight from police.
R v Hall,
2007 MBPC 27 (CanLII), per Sandhu J
MB PC 6 months + Prob. The offender was convicted of driving while disqualified and poss'n stolen vehicle.
R v Zolis,
2007 ABCA 81 (CanLII), per O’Brien JA
AB CA 2 months (poss'n veh.)
11 months (global)
R v Ganske,
2007 BCPC 44 (CanLII), per Cartwright J
BC PC 2 years imprisonment Offender was aged 24, aboriginal. Plead guilty. Had lengthy criminal record, no offences of violence. Was on probation at the time. Suffered from addiction.
R v McCaskie,
2006 BCCA 382 (CanLII), per Kirkpatrick JA
BC CA 28 months The offender was convicted of dangerous driving
possession stolen property over $5,000.
R v AG,
2006 BCPC 362 (CanLII), per Bennett J
BC PC 6 months The offender was convicted of poss'n of stolen vehicle, breach of recog. and escape custody.
R v Myre,
2003 BCCA 565 (CanLII), per Finch CJ
BC CA 1 year incarceration poss'n stolen veh.
poss'n break-in inst.
Offender had lengthy record of property-related offences. 4 months remand time.
R v Soldat,
2012 MBCA 39 (CanLII), per Monnin JA
MB CA 15.5 months
R v McBain,
2012 ABCA 104 (CanLII), per Costigan JA
AB CA 3 years imprisonment possession stolen property over $5,000--long criminal record
R v Brown,
2010 NSPC 38 (CanLII), per Derrick J
NS PC 1 year incarceration Offender was participating in relatively sophisticated "chop shop" operation. Found 12 stolen vehicles valued at roughly $400,000. Offender had dated unrelated record.
R v McCaskill,
2008 ABCA 202 (CanLII), per Clackson J
AB CA 12 months CSO poss'n stolen stolen computer equipment valued at $19-26,000.
R v DS,
2006 BCPC 563 (CanLII), per Dyer J
BC approx 6 months with 18 months Probation Offender broke into four vehicles including a "bait car" on four separate dates, stealing items of value on exceeding $5,000.
R v Banks,
2005 ABCA 55 (CanLII), per Hunt JA
AB CA 3.5 years imprisonment Offender convicted of 8 counts possession of stolen property of car parts. The offender was involved in a sophisticated "chop shop". The offender fled prior to sentencing also stole a vehicle in the process. The offender had a prior related record. Also given 6 months for failing to attend court.
R v Kravchov,
[2002] OJ No 2172(*no CanLII links)
ON 2 years imprisonment Offender found in possession of 5 stolen vehicles. He was involved with a sophisticated international car theft organization. The offender had a prior related record. Extra credit due to extreme remand conditions arising from public service strike.

See Also