Break and Enter (Sentencing Cases): Difference between revisions
m Text replacement - "A.J. No. " to "AJ No " |
m Text replacement - "<Br>" to "<br>" |
||
Line 8: | Line 8: | ||
{{SCaseHeader}} | {{SCaseHeader}} | ||
{{SCase1|''R v Jones'', < | {{SCase1|''R v Jones'', <br> [http://canlii.ca/t/h387v 2017 ABPC 69] (CanLII){{perABPC|Pharo J}} | 2 months (theft) <br> 18 months (B&E) | The offender was convicted of break and enter and theft. He smashed through the bedroom window of a home while no one was present and stole about $3,100 of property. He had a lengthy criminal record.}} | ||
{{SCase1|''R v Herrington'', <br> [http://canlii.ca/t/gxj9z 2017 ABCA 61] (CanLII){{TheCourt}} | 15 months | The offender pleaded guilty B&E, poss'n of B&E instruments, and breach of probation. }} | {{SCase1|''R v Herrington'', <br> [http://canlii.ca/t/gxj9z 2017 ABCA 61] (CanLII){{TheCourt}} | 15 months | The offender pleaded guilty B&E, poss'n of B&E instruments, and breach of probation. }} | ||
Line 177: | Line 177: | ||
{{SCase1|''R v Dragani'', <br> [http://canlii.ca/t/hsfp3 2018 BCCA 225] (CanLII){{perBCCA|Savage JA}} | 90 days | The offender was convicted of break & enter. He had no prior record. The Court of Appeal upheld the sentencing Judge's sentence}} | {{SCase1|''R v Dragani'', <br> [http://canlii.ca/t/hsfp3 2018 BCCA 225] (CanLII){{perBCCA|Savage JA}} | 90 days | The offender was convicted of break & enter. He had no prior record. The Court of Appeal upheld the sentencing Judge's sentence}} | ||
{{SCase1|''R v Morrisseau'', <br> [http://canlii.ca/t/h306f 2017 SKQB 76] (CanLII){{perSKQB|Dawson J}} | 5 years (B&E)<br>90 days (flight)< | {{SCase1|''R v Morrisseau'', <br> [http://canlii.ca/t/h306f 2017 SKQB 76] (CanLII){{perSKQB|Dawson J}} | 5 years (B&E)<br>90 days (flight)<br>1 year (firearm)<br>1 year (intimidation) | The offender plead guilty to break and enter, flight from police, possession and use of a firearm, and intimidate justice participant. }} | ||
{{SCase1|''R v Noname'', <br> [http://canlii.ca/t/h2pmm 2017 SKCA 21] (CanLII){{perSKCA|Richards CJ}} | 5.5 years | The offender was convicted at trial of aggravated assault, assault with a weapon x 2, break and entering to commit robbery. }} | {{SCase1|''R v Noname'', <br> [http://canlii.ca/t/h2pmm 2017 SKCA 21] (CanLII){{perSKCA|Richards CJ}} | 5.5 years | The offender was convicted at trial of aggravated assault, assault with a weapon x 2, break and entering to commit robbery. }} | ||
Line 372: | Line 372: | ||
{{SCase1|''R v Bursey'',<br>[http://canlii.ca/t/1ms7r 1991 CanLII 2576] (NS CA), (1991), 104 N.S.R. (2d) 94 (C.A.){{perNSCA|Chipman JA}}| Suspended | Offender was 20 years old with prior convictions, including theft, breach of probation and break and enter. Impressive rehabilitation efforts}} | {{SCase1|''R v Bursey'',<br>[http://canlii.ca/t/1ms7r 1991 CanLII 2576] (NS CA), (1991), 104 N.S.R. (2d) 94 (C.A.){{perNSCA|Chipman JA}}| Suspended | Offender was 20 years old with prior convictions, including theft, breach of probation and break and enter. Impressive rehabilitation efforts}} | ||
{{SCase1|''R v Duncan'', <br>[http://canlii.ca/t/1d7sx 1990 CanLII 2258] (BC CA){{perBCCA|Anderson JA}}| 6 months (B&E #1)<br> 10 months (B&E #2)< | {{SCase1|''R v Duncan'', <br>[http://canlii.ca/t/1d7sx 1990 CanLII 2258] (BC CA){{perBCCA|Anderson JA}}| 6 months (B&E #1)<br> 10 months (B&E #2)<br>dangerous driving (2 months)<br> 12 months (global)| Offender was observed breaking into two stores on two separate dates. In latter break, he was observed escaping the scene. The offender was 29 years old and had a record.}} | ||
{{SCase1|''R v Weaver'',<br>[http://canlii.ca/t/1ms42 1990 CanLII 2355] (NS C.A.){{perNSCA|Macdonald JA}} | 12 months | four counts B&E, including shed and arenas.}} | {{SCase1|''R v Weaver'',<br>[http://canlii.ca/t/1ms42 1990 CanLII 2355] (NS C.A.){{perNSCA|Macdonald JA}} | 12 months | four counts B&E, including shed and arenas.}} | ||
Line 378: | Line 378: | ||
{{SCase1|''R v Armbruster'',<br> [1985] N.J. No. 88 (NLCA){{NOCANLII}} | 5 years | 5 B&Es in schools, 1 B&E in gas bar. Lengthy record}} | {{SCase1|''R v Armbruster'',<br> [1985] N.J. No. 88 (NLCA){{NOCANLII}} | 5 years | 5 B&Es in schools, 1 B&E in gas bar. Lengthy record}} | ||
{{SCase1|''R v Rudderham'',< | {{SCase1|''R v Rudderham'',<br> 1983 CarswellNS 502 (NSCA){{NOCANLII}} | Suspended Sentence| The offender broke into a car dealership. he was 19 years old with a criminal record. He had psychiatric and addiction problems. He had served 2 months on remand. }} | ||
{{SCaseEnd}} | {{SCaseEnd}} | ||
{{OffencesNavBar/Property}} | {{OffencesNavBar/Property}} |
Revision as of 22:42, 12 January 2019
- < Sentencing
- < Cases
|
Break and Enter
Private Dwelling
|}
Private Dwelling - Resident Present or Home Invasion
|}
Other than dwelling
|}
|