Possession of Stolen Property (Sentencing Cases): Difference between revisions
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==Possession Under $5,000== | ==Possession Under $5,000== | ||
{{ | {{SCaseHeaderLong}} | ||
{{ | {{SCaseLong|{{CanLIIR-S|Sagoo|1vlht|2008 BCCA 41 (CanLII)}}{{perBCCA|Saunders JA}}|{{BC}}|CA | {{JailM|6}} | possession stolen car {{FindSummaries|1vlht}} {{keywords|}} }} | ||
{{ | {{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|}} }} | ||
{{SCaseEnd}} | {{SCaseEnd}} | ||
==Possession Over $5,000== | ==Possession Over $5,000== | ||
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{{ | {{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|}} }} | ||
{{ | {{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|}} }} | ||
{{ | {{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|}} }} | ||
{{ | {{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|}} }} | ||
{{ | {{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|}} }} | ||
{{ | {{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|}} }} | ||
{{ | {{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|}} }} | ||
{{ | {{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|}} }} | ||
{{ | {{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|}} }} | ||
{{ | {{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|}} }} | ||
{{ | {{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|}} }} | ||
{{ | {{SCaseLong|{{CanLIIR-S|Soldat|fr8f8|2012 MBCA 39 (CanLII)}}{{perMBCA|Monnin JA}}|{{MB}}|CA| 15.{{JailM|5}} | {{FindSummaries|fr8f8}} {{keywords|}} }} | ||
{{ | {{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|}} }} | ||
{{ | {{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|}} }} | ||
{{ | {{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|}} }} | ||
{{ | {{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|}} }} | ||
{{ | {{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|}} }} | ||
{{ | {{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|}} }} | ||
{{SCaseEnd}} | {{SCaseEnd}} |
Latest revision as of 08:57, 14 February 2024
- < Sentencing
- < Cases
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Possession Under $5,000
Case Name | Prv. | Crt. | Sentence | Summary |
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R v Sagoo, 2008 BCCA 41 (CanLII), per Saunders JA | BC | CA | 6 months imprisonment | possession stolen car Find summaries of case. |
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. |
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. |
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. |
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. |
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. Find summaries of case. |
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. Find summaries of case. |
R v Zolis, 2007 ABCA 81 (CanLII), per O’Brien JA | AB | CA | 2 months (poss'n veh.) 11 months (global) |
Find summaries of case. |
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. |
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. Find summaries of case. |
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. Find summaries of case. |
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. |
R v Soldat, 2012 MBCA 39 (CanLII), per Monnin JA | MB | CA | 15.5 months imprisonment | Find summaries of case. |
R v McBain, 2012 ABCA 104 (CanLII), per Costigan JA | AB | CA | 3 years imprisonment | possession stolen property over $5,000--long criminal record Find summaries of case. |
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. |
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. |
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. | |
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. |
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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