Possession of Stolen Property (Sentencing Cases): Difference between revisions

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==Possession Under $5,000==
==Possession Under $5,000==


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{{SCase1|''R v Sagoo'',<br>[http://canlii.ca/t/1vlht 2008 BCCA 41] (CanLII){{perBCCA|Saunders JA}} | 6 months | possession stolen car}}
{{SCaseLong|{{CanLIIR-S|Sagoo|1vlht|2008 BCCA 41 (CanLII)}}{{perBCCA|Saunders JA}}|{{BC}}|CA | {{JailM|6}} | possession stolen car {{FindSummaries|1vlht}} {{keywords|}} }}


{{SCase1|''R v Maurice'',<Br> [http://canlii.ca/t/2f0js 1983 ABCA 77] (CanLII){{perABCA|McGillivray CJ}} | 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".}}
{{SCaseLong|{{CanLIIR-S|Maurice|2f0js|1983 ABCA 77 (CanLII)}}{{perABCA|McGillivray CJ}} |{{AB}}|CA| {{JailM|9}} | 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". {{FindSummaries|2f0js}} {{keywords|}} }}


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==Possession Over $5,000==
==Possession Over $5,000==
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{{SCase1|''R v Yakobchuk'', <Br> [http://canlii.ca/t/gvqth 2016 BCCA 458] (CanLII){{perBCCA|Harris JA}} | 2 years less a day (global)<Br>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.  }}
{{SCaseLong|{{CanLIIR-S|Yakobchuk|gvqth|2016 BCCA 458 (CanLII)}}{{perBCCA|Harris JA}}|{{BC}}|CA | 2 years less a day (global)<br>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.  {{FindSummaries|gvqth}} {{keywords|}} }}


{{SCase1|R v Logan<br> [http://canlii.ca/t/fn6h0 2011 BCPC 221] (CanLII){{perBCPC|Ball J}}| 9.5 months | The offender was convicted with poss'n of stolen property, driving while disqualified and breach probation. He stole a vehicle. }}
{{SCaseLong|{{CanLIIR-S|Logan|fn6h0|2011 BCPC 221 (CanLII)}}{{perBCPC|Ball J}}|{{BC}}|PC| {{JailM|9.5}}| The offender was convicted with poss'n of stolen property, driving while disqualified and breach probation. He stole a vehicle. {{FindSummaries|fn6h0}} {{keywords|}} }}


{{SCase1|''R v GS'',<br> [http://canlii.ca/t/21s4c 2008 MBCA 144] (CanLII){{perMBCA|Steel JA}}|poss'n of stolen property x 3<br>theft over <br>dangerous driving<br> flight from police<br>| 33 months | stole a truck and trailer containing snowmobiles}}
{{SCaseLong|{{CanLIIR-S|GS|21s4c|2008 MBCA 144 (CanLII)}}{{perMBCA|Steel JA}}|{{MB}}|CA|poss'n of stolen property x 3<br>theft over <br>dangerous driving<br> flight from police<br>| {{JailM|33}} | stole a truck and trailer containing snowmobiles{{FindSummaries|21s4c}} {{keywords|}} }}


{{SCase1|R v Robertson Clarke<br>[http://canlii.ca/t/230sv 2009 QCCA 639] (CanLII){{TheCourtQCCA}}| Suspended (JR) | The offender plead guilty to possessing a stolen vehicle. He was aged 21 and no criminal record. }}
{{SCaseLong|{{CanLIIR-S|Robertson Clarke|230sv|2009 QCCA 639 (CanLII)}}{{TheCourtQCCA}}|{{QC}}|CA| {{Suspended}} (JR) | The offender plead guilty to possessing a stolen vehicle. He was aged 21 and no criminal record. {{FindSummaries|230sv}} {{keywords|}} }}


{{SCase1|R v Solowan<br> [http://canlii.ca/t/21h61 2008 SCC 62] (CanLII){{perSCC|Fish J}}|s. 3 months + Prob. | The offender was convicted of possession of stolen property and flight from police.}}
{{SCaseLong|{{CanLIIR-S|Solowan|21h61|2008 SCC 62 (CanLII)}}{{perSCC-H|Fish J}}|SCC|SCC| 3 months {{PlusP}} | The offender was convicted of possession of stolen property and flight from police. {{FindSummaries|21h61}} {{keywords|}} }}


{{SCase1|R v Hall<br> [http://canlii.ca/t/1rzvc 2007 MBPC 27] (CanLII){{perMBPC|Sandhu J}}| 6 months + Prob.| The offender was convicted of driving while disqualified and poss'n stolen vehicle.}}
{{SCaseLong|{{CanLIIR-S|Hall|1rzvc|2007 MBPC 27 (CanLII)}}{{perMBPC|Sandhu J}}|{{MB}}|PC| 6 months {{PlusP}}| The offender was convicted of driving while disqualified and poss'n stolen vehicle. {{FindSummaries|1rzvc}} {{keywords|}} }}


{{SCase1|R v Zolis<br> [http://canlii.ca/t/1qs4x 2007 ABCA 81] (CanLII){{perABCA|O’Brien JA}}| 2 months (poss'n veh.) <br>11 months (global) | }}
{{SCaseLong|{{CanLIIR-S|Zolis|1qs4x|2007 ABCA 81 (CanLII)}}{{perABCA|O’Brien JA}}|{{AB}}|CA| 2 months (poss'n veh.) <br>11 months (global) | {{FindSummaries|1qs4x}} {{keywords|}}  }}


{{SCase1|R v Ganske<br> [http://canlii.ca/t/1qqjc 2007 BCPC 44] (CanLII){{perBCPC|Cartwright J}}|2 years |Offender was aged 24, aboriginal. Plead guilty. Had lengthy criminal record, no offences of violence. Was on probation at the time. Suffered from addiction.}}
{{SCaseLong|{{CanLIIR-S|Ganske|1qqjc|2007 BCPC 44 (CanLII)}}{{perBCPC|Cartwright J}}|{{BC}}|PC|{{JailY|2}}|Offender was aged 24, aboriginal. Plead guilty. Had lengthy criminal record, no offences of violence. Was on probation at the time. Suffered from addiction.{{FindSummaries|1qqjc}} {{keywords|}} }}


{{SCase1|R v McCaskie<br> [http://canlii.ca/t/1p5qg 2006 BCCA 382] (CanLII){{perBCCA|Kirkpatrick JA}}|28 months | The offender was convicted of dangerous driving <br> possession stolen property over $5,000. }}
{{SCaseLong|{{CanLIIR-S|McCaskie|1p5qg|2006 BCCA 382 (CanLII)}}{{perBCCA|Kirkpatrick JA}}|{{BC}}|CA|{{JailM|28}}| The offender was convicted of dangerous driving <br> possession stolen property over $5,000. {{FindSummaries|1p5qg}} {{keywords|}} }}


{{SCase1|''R v AG'',<br> [http://canlii.ca/t/1p2l3 2006 BCPC 362] (CanLII){{perBCPC|Bennett J}} | 6 months |The offender was convicted of poss'n of stolen vehicle, breach of recog. and escape custody. }}
{{SCaseLong|{{CanLIIR-S|AG|1p2l3|2006 BCPC 362 (CanLII)}}{{perBCPC|Bennett J}}|{{BC}}|PC| {{JailM|6}} |The offender was convicted of poss'n of stolen vehicle, breach of recog. and escape custody. {{FindSummaries|1p2l3}} {{keywords|}} }}


{{SCase1|R v Myre<br> [http://canlii.ca/t/4qcw 2003 BCCA 565] (CanLII){{perBCCA|Finch CJ}}|| poss'n stolen veh.<br>poss'n break-in inst.||1 year || Offender had lengthy record of property-related offences. 4 months remand time. }}
{{SCaseLong|{{CanLIIR-S|Myre|4qcw|2003 BCCA 565 (CanLII)}}{{perBCCA|Finch CJ}}|{{BC}}|CA|{{JailY1}}  poss'n stolen veh.<br>poss'n break-in inst.| Offender had lengthy record of property-related offences. 4 months remand time.{{FindSummaries|4qcw}} {{keywords|}}  }}


{{SCase1|R v Soldat<br>[http://canlii.ca/t/fr8f8 2012 MBCA 39] (CanLII){{perMBCA|Monnin JA}}| 15.5 months | }}
{{SCaseLong|{{CanLIIR-S|Soldat|fr8f8|2012 MBCA 39 (CanLII)}}{{perMBCA|Monnin JA}}|{{MB}}|CA| 15.{{JailM|5}} | {{FindSummaries|fr8f8}} {{keywords|}}  }}


{{SCase1|R v McBain<br> [http://canlii.ca/t/fqstw 2012 ABCA 104] (CanLII){{perABCA|Costigan JA}}| 3 years | possession stolen property over $5,000--long criminal record}}
{{SCaseLong|{{CanLIIR-S|McBain|fqstw|2012 ABCA 104 (CanLII)}}{{perABCA|Costigan JA}}|{{AB}}|CA| {{JailY|3}} | possession stolen property over $5,000--long criminal record {{FindSummaries|fqstw}} {{keywords|}} }}


{{SCase1|R v Brown<br> [http://canlii.ca/t/29p17 2010 NSPC 38] (CanLII){{perNSPC|Derrick J}} | 1 year | Offender was participating in relatively sophisticated "chop shop" operation. Found 12 stolen vehicles valued at roughly $400,000. Offender had dated unrelated record.}}
{{SCaseLong|{{CanLIIR-S|Brown|29p17|2010 NSPC 38 (CanLII)}}{{perNSPC|Derrick J}}| {{NS}} |PC| {{JailY1}} |Offender was participating in relatively sophisticated "chop shop" operation. Found 12 stolen vehicles valued at roughly $400,000. Offender had dated unrelated record. {{FindSummaries|29p17}} {{keywords|}} }}


{{SCase1| R v McCaskill<br>  [http://canlii.ca/t/1x1gf 2008 ABCA 202] (CanLII){{perABCA|Clackson J}}| 12 months CSO | poss'n stolen stolen computer equipment valued at $19-26,000. }}
{{SCaseLong| {{CanLIIR-S|McCaskill|1x1gf|2008 ABCA 202 (CanLII)}}{{perABCA|Clackson J}}|{{AB}}|CA| {{CSOM|12}} | poss'n stolen stolen computer equipment valued at $19-26,000. {{FindSummaries|1x1gf}} {{keywords|}}  }}


{{SCase1|''R v DS'',<br> [http://canlii.ca/t/1q8sx 2006 BCPC 563] (CanLII){{perBCPC|Dyer J}} | 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. }}
{{SCaseLong|{{CanLIIR-S|DS|1q8sx|2006 BCPC 563 (CanLII)}}{{perBCPC|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. {{FindSummaries|1q8sx}} {{keywords|}} }}


{{SCase1|R v Banks<br> [http://canlii.ca/t/1k1pr 2005 ABCA 55] (CanLII){{perABCA|Hunt JA}}|s. 3.5 years | 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.}}
{{SCaseLong|{{CanLIIR-S|Banks|1k1pr|2005 ABCA 55 (CanLII)}}{{perABCA|Hunt JA}}|{{AB}}|CA|{{JailY|3.5}}| 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. {{FindSummaries|1k1pr}} {{keywords|}} }}


{{SCase1|R v Kravchov<br> [2002] OJ No 2172{{NOCANLII}} | 2 years |Offender found in possession of 5 stolen vehicles. He was involved with sophisticated international car theft organization. The offender had a prior related record. Extra credit due to extreme remand conditions arising from public service strike.}}
{{SCaseLong|{{CanLIIR-SN|Kravchov| [2002] OJ No 2172}}| {{ON}} | | {{JailY|2}} |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.   {{keywords|}} }}


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Latest revision as of 08:57, 14 February 2024

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
Find summaries of case.
Keywords: None
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".
Find summaries of case.
Keywords: None

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.
Find summaries of case.
Keywords: None
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.
Find summaries of case.
Keywords: None
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.
Find summaries of case.
Keywords: None
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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Keywords: None
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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Keywords: None
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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Keywords: None
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.
Find summaries of case.
Keywords: None
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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Keywords: None
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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Keywords: None
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.
Find summaries of case.
Keywords: None
R v Soldat, 2012 MBCA 39 (CanLII), per Monnin JA MB CA 15.5 months imprisonment
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Keywords: None
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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Keywords: None
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.
Find summaries of case.
Keywords: None
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.
Find summaries of case.
Keywords: None
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.
Find summaries of case.
Keywords: None
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.
Find summaries of case.
Keywords: None
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.
Keywords: None

See Also