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

From Criminal Law Notebook
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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.  }}
{{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.  }}


{{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. }}
{{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. }}


{{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}}
{{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}}
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{{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. }}
{{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. }}


{{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.}}
{{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.}}


{{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.}}
{{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.}}


{{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) | }}
{{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) | }}


{{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.}}
{{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.}}


{{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. }}
{{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. }}
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{{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. }}
{{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. }}


{{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. }}
{{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. }}


{{SCase1|R v Soldat<br>[http://canlii.ca/t/fr8f8 2012 MBCA 39] (CanLII){{perMBCA|Monnin JA}}| 15.5 months | }}
{{SCase1|''R v Soldat''<br>[http://canlii.ca/t/fr8f8 2012 MBCA 39] (CanLII){{perMBCA|Monnin JA}}| 15.5 months | }}


{{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}}
{{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}}


{{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.}}
{{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.}}


{{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. }}
{{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. }}
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{{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. }}
{{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. }}


{{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.}}
{{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.}}


{{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.}}
{{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.}}


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Revision as of 14:00, 13 January 2019