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 imprisonment possession stolen car
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R v Maurice, 1983 ABCA 77 (CanLII), per McGillivray CJ AB CA 9 months imprisonment 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".
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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.
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R v Logan, 2011 BCPC 221 (CanLII), per Ball J BC PC 9.5 months imprisonment The offender was convicted with poss'n of stolen property, driving while disqualified and breach probation. He stole a vehicle.
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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 imprisonment
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.
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R v Solowan, 2008 SCC 62 (CanLII), per Fish J SCC SCC 3 months plus probation The offender was convicted of possession of stolen property and flight from police.
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R v Hall, 2007 MBPC 27 (CanLII), per Sandhu J MB PC 6 months plus probation The offender was convicted of driving while disqualified and poss'n stolen vehicle.
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R v Zolis, 2007 ABCA 81 (CanLII), per O’Brien JA AB CA 2 months (poss'n veh.)
11 months (global)

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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.
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R v McCaskie, 2006 BCCA 382 (CanLII), per Kirkpatrick JA BC CA 28 months imprisonment The offender was convicted of dangerous driving
possession stolen property over $5,000.
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R v AG, 2006 BCPC 362 (CanLII), per Bennett J BC PC 6 months imprisonment The offender was convicted of poss'n of stolen vehicle, breach of recog. and escape custody.
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R v Myre, 2003 BCCA 565 (CanLII), per Finch CJ BC CA 1 year imprisonment poss'n stolen veh.
poss'n break-in inst.
Offender had lengthy record of property-related offences. 4 months remand time.
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Keywords: None
R v Soldat, 2012 MBCA 39 (CanLII), per Monnin JA MB CA 15.5 months imprisonment
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R v McBain, 2012 ABCA 104 (CanLII), per Costigan JA AB CA 3 years imprisonment possession stolen property over $5,000--long criminal record
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R v Brown, 2010 NSPC 38 (CanLII), per Derrick J NS PC 1 year imprisonment Offender was participating in relatively sophisticated "chop shop" operation. Found 12 stolen vehicles valued at roughly $400,000. Offender had dated unrelated record.
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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.
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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.
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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.
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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.
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