Break and Enter (Sentencing Cases): Difference between revisions
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{{SCase1|''R v Powers'',<br>[http://canlii.ca/t/23l5x 2009 ABCA 188] (CanLII){{perABCA|Berger JA}} | time served with 3.5 months credit | Break and enter x 2; stole times in purse; developmental disability }} | {{SCase1|''R v Powers'',<br>[http://canlii.ca/t/23l5x 2009 ABCA 188] (CanLII){{perABCA|Berger JA}} | time served with 3.5 months credit | Break and enter x 2; stole times in purse; developmental disability }} | ||
{{SCase1|R v Dunphy-Taylor,<br>[http://canlii.ca/t/23f7w 2009 CanLII 21948] (NL P.C.){{perNLPC|Gorman J}} | 15 months before credit | unemployed and homeless 20 year old; prior B&E record; occupied house while residents away for winter.}} | {{SCase1|''R v Dunphy-Taylor'',<br>[http://canlii.ca/t/23f7w 2009 CanLII 21948] (NL P.C.){{perNLPC|Gorman J}} | 15 months before credit | unemployed and homeless 20 year old; prior B&E record; occupied house while residents away for winter.}} | ||
{{SCase1|''R v Thomas'',<br>[http://canlii.ca/t/23vgq 2009 BCCA 233] (CanLII){{perBCCA|Groberman JA}} | 4 years | 36 year old, long record; broke into 6 houses while residents were away; ransacked the places}} | {{SCase1|''R v Thomas'',<br>[http://canlii.ca/t/23vgq 2009 BCCA 233] (CanLII){{perBCCA|Groberman JA}} | 4 years | 36 year old, long record; broke into 6 houses while residents were away; ransacked the places}} | ||
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{{SCase1|''R v Smith'',<br>[http://canlii.ca/t/1vq96 2007 BCPC 432] (CanLII){{perBCPC|Ellan J}} |2 years after 2 months remand; 3 years probation | broke into six residences over 23 days; 2 months remand; long standing serious drug problem; record was lengthy including 15 prior convictions for theft. }} | {{SCase1|''R v Smith'',<br>[http://canlii.ca/t/1vq96 2007 BCPC 432] (CanLII){{perBCPC|Ellan J}} |2 years after 2 months remand; 3 years probation | broke into six residences over 23 days; 2 months remand; long standing serious drug problem; record was lengthy including 15 prior convictions for theft. }} | ||
{{SCase1|R v Abaroa-Martinez,<br>[http://canlii.ca/t/1r9f6 2007 BCSC 571] (CanLII){{perNLSC|Hood J}}| 9 months | broke into the home of a friend to steal property; a dozen offences on record, mostly minor }} | {{SCase1|''R v Abaroa-Martinez'',<br>[http://canlii.ca/t/1r9f6 2007 BCSC 571] (CanLII){{perNLSC|Hood J}}| 9 months | broke into the home of a friend to steal property; a dozen offences on record, mostly minor }} | ||
{{SCase1|''R v Faulconer'',<br>[http://canlii.ca/t/1rm8r 2007 BCCA 289] (CanLII){{perBCCA|Donald J}} | A joint Sub. 2 years | 44 years old; plead guilty to B&E x 3; theft; forged documents over 5 weeks; 60 prior convictions}} | {{SCase1|''R v Faulconer'',<br>[http://canlii.ca/t/1rm8r 2007 BCCA 289] (CanLII){{perBCCA|Donald J}} | A joint Sub. 2 years | 44 years old; plead guilty to B&E x 3; theft; forged documents over 5 weeks; 60 prior convictions}} | ||
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{{SCase1|''R v Viscount'', <br>[http://canlii.ca/t/g6sk9 2014 BCPC 83] (CanLII){{perBCPC|Wingham J}} | 6 to 7 years | broke into victim's apartment to rob him using an imitation firearm and while masked. Assaulted victim in the process.}} | {{SCase1|''R v Viscount'', <br>[http://canlii.ca/t/g6sk9 2014 BCPC 83] (CanLII){{perBCPC|Wingham J}} | 6 to 7 years | broke into victim's apartment to rob him using an imitation firearm and while masked. Assaulted victim in the process.}} | ||
{{SCase1|R v Mergle-Houle,<br> [http://canlii.ca/t/g6n3q 2014 ABQB 244] (CanLII){{perABQB|Romaine J}} | 7.5 years (global) | charged with break and enter and robbery. Offender broke into home with loaded firearm while residents were present to confront one of them discharging the firearm outside home. Later he robbed a bar with the firearm and discharged it again.}} | {{SCase1|''R v Mergle-Houle'',<br> [http://canlii.ca/t/g6n3q 2014 ABQB 244] (CanLII){{perABQB|Romaine J}} | 7.5 years (global) | charged with break and enter and robbery. Offender broke into home with loaded firearm while residents were present to confront one of them discharging the firearm outside home. Later he robbed a bar with the firearm and discharged it again.}} | ||
{{SCase1|''R v Klemenz'', <br>[http://canlii.ca/t/g68fz 2014 SKQB 60] (CanLII){{perSKQB|Dawson J}}| 12 years | aggravated sexual assault. Two offenders. Both had lengthy records.}} | {{SCase1|''R v Klemenz'', <br>[http://canlii.ca/t/g68fz 2014 SKQB 60] (CanLII){{perSKQB|Dawson J}}| 12 years | aggravated sexual assault. Two offenders. Both had lengthy records.}} | ||
Revision as of 13:42, 13 January 2019
- < Sentencing
- < Cases
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Break and Enter
Private Dwelling
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Private Dwelling - Resident Present or Home Invasion
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Other than dwelling
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