Break and Enter (Sentencing Cases): Difference between revisions
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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| }}| 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| }} | 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}} | 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 MacKenzie,<br>[http://canlii.ca/t/1qnz7 2007 NSCA 10] (CanLII){{perNSCA| }} |3 years | 32 prior convictions; broke into 2 residences; long history of drugs}} | {{SCase1| R v MacKenzie,<br>[http://canlii.ca/t/1qnz7 2007 NSCA 10] (CanLII){{perNSCA|Bateman JA}} |3 years | 32 prior convictions; broke into 2 residences; long history of drugs}} | ||
{{SCase1| R v Powis,<br>[http://canlii.ca/t/1qslr 2007 BCCA 108] (CanLII){{perBCCA| }} | {{SCase1| R v Powis,<br>[http://canlii.ca/t/1qslr 2007 BCCA 108] (CanLII){{perBCCA|Ryan JA}} | ||
|3 years | 6 residential and 1 commercial B&E. Was on CSO for first B&E at the time.}} | |3 years | 6 residential and 1 commercial B&E. Was on CSO for first B&E at the time.}} | ||
{{SCase1|R v Leander Seymour,<br>[http://canlii.ca/t/1rhj7 2007 CanLII 17364] (NL P.C.){{perNLPC| }} | {{SCase1|R v Leander Seymour,<br>[http://canlii.ca/t/1rhj7 2007 CanLII 17364] (NL P.C.){{perNLPC|Gorman J}} | ||
| 15 months | 2 break ins into cabins; lengthy record; CSO request rejected}} | | 15 months | 2 break ins into cabins; lengthy record; CSO request rejected}} | ||
{{SCase1|R v Doherty,<br>[http://canlii.ca/t/1ndgq 2006 BCPC 208] (CanLII){{perBCPC| }} | {{SCase1|R v Doherty,<br>[http://canlii.ca/t/1ndgq 2006 BCPC 208] (CanLII){{perBCPC|Ball J}} | ||
|3 years | 5 counts of residential B&E. stole electronics and furniture; high value of property; was serving CSO at time | |3 years | 5 counts of residential B&E. stole electronics and furniture; high value of property; was serving CSO at time | ||
}} | }} | ||
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{{SCase1| R v Vincent,<br>[http://canlii.ca/t/1mw97 2006 BCCA 135] (CanLII){{perBCCA| }} | {{SCase1| R v Vincent,<br>[http://canlii.ca/t/1mw97 2006 BCCA 135] (CanLII){{perBCCA|Ryan JA}} | ||
| 9 months after remand |age 31; plead guilty to break and entering into dwelling and obstruction; 10 prior adult convictions | | 9 months after remand |age 31; plead guilty to break and entering into dwelling and obstruction; 10 prior adult convictions | ||
}} | }} | ||
{{SCase1|R v Brideau and St-Onge,<br> [http://canlii.ca/t/1pmdp 2006 NBCA 94] (CanLII){{perNBCA| }} | {{SCase1|R v Brideau and St-Onge,<br> [http://canlii.ca/t/1pmdp 2006 NBCA 94] (CanLII){{perNBCA|Richard JA}} | ||
| 6 months CSO | break into house and assaulted resident due to prior conflict with resident | | 6 months CSO | break into house and assaulted resident due to prior conflict with resident | ||
}} | }} | ||
{{SCase1| R v Kennedy,<br> [http://canlii.ca/t/fww8h 2005 NLTD 28] (CanLII){{perNLSC|}}| 1 year conditional | broke into window of apartment; stole $300 cash; youth record only | {{SCase1| R v Kennedy,<br> [http://canlii.ca/t/fww8h 2005 NLTD 28] (CanLII){{perNLSC|Seaborn J}}| 1 year conditional | broke into window of apartment; stole $300 cash; youth record only | ||
}} | }} | ||
{{SCase1|R v Lachance,<br>[http://canlii.ca/t/1ml28 2005 QCCA 638] (CanLII)| 12 months | B&E and assault; rejection of CSO | {{SCase1|R v Lachance,<br>[http://canlii.ca/t/1ml28 2005 QCCA 638] (CanLII){{perQCCA|Bich JA}}| 12 months | B&E and assault; rejection of CSO | ||
}} | }} | ||
{{SCase1| R v Lynch,<br>2005 CarswellOnt 3499 (Ont. SCJ)| 2 years less a day; 2 years probation | convicted of B&E; Record was "abominable" with six prior break and enters | {{SCase1| R v Lynch,<br>2005 CarswellOnt 3499 (Ont. SCJ){{NOCANLII}}| 2 years less a day; 2 years probation | convicted of B&E; Record was "abominable" with six prior break and enters | ||
}} | }} | ||
{{SCase1| R v Micallef,<br>[http://canlii.ca/t/1lqmw 2005 ABCA 311] (CanLII){{perABCA| }}| 2 years | age 43; plead guilty to two counts of Break and Enter for taking electronics from two trailers; record was lengthy with 14 prior break and enters | {{SCase1| R v Micallef,<br>[http://canlii.ca/t/1lqmw 2005 ABCA 311] (CanLII){{perABCA|Fraser CJ}}| 2 years | age 43; plead guilty to two counts of Break and Enter for taking electronics from two trailers; record was lengthy with 14 prior break and enters | ||
}} | }} | ||
{{SCase1| R v Arsenault,<br> [http://canlii.ca/t/1hkgw 2004 BCCA 401] (CanLII){{perBCCA| }} | {{SCase1| R v Arsenault,<br> [http://canlii.ca/t/1hkgw 2004 BCCA 401] (CanLII){{perBCCA|Finch CJ}} | ||
| 2 years less a day CSO |accused 50 years old, lengthy record; 2 break ins | | 2 years less a day CSO |accused 50 years old, lengthy record; 2 break ins | ||
}} | }} | ||
{{SCase1|R v Lawson,<br>[http://canlii.ca/t/1gb4q 2004 CanLII 8990] (ON C.A.) {{ | {{SCase1|R v Lawson,<br>[http://canlii.ca/t/1gb4q 2004 CanLII 8990] (ON C.A.) {{TheCourt}} | 3 years | 3 x B&Es; long prior record; joint recommendation }} | ||
{{SCase1| R v Mallory,<br>[http://canlii.ca/t/1hv7t 2004 NBCA 72] (CanLII){{perNBCA| }}| 30 months | recruited son and girlfriend's son to help break into residence of recently deceased lady. Stole jewellery. Some prior record.}} | {{SCase1| R v Mallory,<br>[http://canlii.ca/t/1hv7t 2004 NBCA 72] (CanLII){{perNBCA|Ryan JA}}| 30 months | recruited son and girlfriend's son to help break into residence of recently deceased lady. Stole jewellery. Some prior record.}} | ||
{{SCase1| R v Bomba,<br>[http://canlii.ca/t/58gm 2002 BCCA 17] (CanLII){{perBCCA| }}| 2 years less a day |}} | {{SCase1| R v Bomba,<br>[http://canlii.ca/t/58gm 2002 BCCA 17] (CanLII){{perBCCA|Hubbart JA}}| 2 years less a day |}} | ||
{{SCase1| R v Harvey,<br>[http://canlii.ca/t/1dmll 2002 SKCA 20] (CanLII){{perSKCA| }}| 1 year | 21 year old accused; 4 prior B&E; planned with friend to break into houses of friends who were away.}} | {{SCase1| R v Harvey,<br>[http://canlii.ca/t/1dmll 2002 SKCA 20] (CanLII){{perSKCA|Jackson JA}}| 1 year | 21 year old accused; 4 prior B&E; planned with friend to break into houses of friends who were away.}} | ||
{{SCase1|R v Renouf,<br>[http://canlii.ca/t/4vd2 2001 NFCA 56] (CanLII) |16 to 36 months | 4 breaks into commercial buildings--offender had significant record}} | {{SCase1|R v Renouf,<br>[http://canlii.ca/t/4vd2 2001 NFCA 56] (CanLII){{perNLCA|Wells CJ}} |16 to 36 months | 4 breaks into commercial buildings--offender had significant record}} | ||
{{SCase1|R v Wakeham,<br>[http://canlii.ca/t/2dx8v 2001 CanLII 37595] (NL SCTD){{perNLSC|}}| 45 months |}} | {{SCase1|R v Wakeham,<br>[http://canlii.ca/t/2dx8v 2001 CanLII 37595] (NL SCTD){{perNLSC|O'Regan J}}| 45 months |}} | ||
{{SCase1|R v Bush,<br>[http://canlii.ca/t/4tbv 2001 SKCA 15] (CanLII){{perSKCA| }}| 2 years | 38 year old with 49 prior convictions; 3 residential breaks in one month}} | {{SCase1|R v Bush,<br>[http://canlii.ca/t/4tbv 2001 SKCA 15] (CanLII){{perSKCA|Lane JA}}| 2 years | 38 year old with 49 prior convictions; 3 residential breaks in one month}} | ||
{{SCase1|R v Sayer,<br>[http://canlii.ca/t/4tb0 2001 SKCA 73] (CanLII){{perSKCA| }}| 2 years after 4 mo remand | 39 B&E, 6 of them were residential the rest were garages}} | {{SCase1|R v Sayer,<br>[http://canlii.ca/t/4tb0 2001 SKCA 73] (CanLII){{perSKCA|Jackson JA}}| 2 years after 4 mo remand | 39 B&E, 6 of them were residential the rest were garages}} | ||
{{SCase1|R v Adams,<br>[http://canlii.ca/t/1k30p 1999 CanLII 9418]|2, 9 and 18 months CSO |}} | {{SCase1|R v Adams,<br>[http://canlii.ca/t/1k30p 1999 CanLII 9418] (NBQB){{perNBQB|Rideout J}} |2, 9 and 18 months CSO |}} | ||
{{SCase1|R v Jackson,<br>[http://canlii.ca/t/1l76r 1999 CanLII 12227]| 6 mo CSO |}} | {{SCase1|R v Jackson,<br>[http://canlii.ca/t/1l76r 1999 CanLII 12227] (SKCA){{perSKCA|Vancise JA}} | 6 mo CSO |}} | ||
{{SCase1|R v Byers,<br>[http://canlii.ca/t/1c8zj 1996 CanLII 3717] | 15 months |}} | {{SCase1|R v Byers,<br>[http://canlii.ca/t/1c8zj 1996 CanLII 3717] (PEICA){{perPEICA|Carruthers CJ}} | 15 months |}} | ||
{{SCase1|R v Arsenault,<br>[http://canlii.ca/t/234lx 1994 CanLII 8799] (PEICA){{TheCourt}} | 12 months | 19 year old with limited record, drug abuse, 12 B&E over one day}} | {{SCase1|R v Arsenault,<br>[http://canlii.ca/t/234lx 1994 CanLII 8799] (PEICA){{TheCourt}} | 12 months | 19 year old with limited record, drug abuse, 12 B&E over one day}} | ||
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{{SCase1|R v Moyles,<br>[1992] N.J. No. 254 (CA){{NOCANLII}}| 18 months | 2 breaks into businesses--offender was 20 years old and had a prior record for break and enter}} | {{SCase1|R v Moyles,<br>[1992] N.J. No. 254 (CA){{NOCANLII}}| 18 months | 2 breaks into businesses--offender was 20 years old and had a prior record for break and enter}} | ||
{{SCase1|R v Powers,<br>(1991), 96 Nfld. & P.E.I.R. 1 (CA), [http://canlii.ca/t/fsxn1 1991 CanLII 6838] (NL CA){{perNLCA| }} | 2 years| 2 offenders did 3 breaks (a club, business and church) --offenders had prior records--low value of property stolen--"higher end" sentences}} | {{SCase1|R v Powers,<br>(1991), 96 Nfld. & P.E.I.R. 1 (CA), [http://canlii.ca/t/fsxn1 1991 CanLII 6838] (NL CA){{perNLCA|Gushue JA}} | 2 years| 2 offenders did 3 breaks (a club, business and church) --offenders had prior records--low value of property stolen--"higher end" sentences}} | ||
{{SCase1|R v Keans,<br>[http://canlii.ca/t/1ms4r 1991 CanLII 2486] (NSCA){{perNSCA|Jones JA}}| 5 years | break into residence and six cottages}} | {{SCase1|R v Keans,<br>[http://canlii.ca/t/1ms4r 1991 CanLII 2486] (NSCA){{perNSCA|Jones JA}}| 5 years | break into residence and six cottages}} | ||
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{{SCase1|R v Hillier,<br>[1991] N.J. No. 53 (CA){{NOCANLII}} |3 years| 2 breaks into a take-out--offender was 24 years old with a lengthy record}} | {{SCase1|R v Hillier,<br>[1991] N.J. No. 53 (CA){{NOCANLII}} |3 years| 2 breaks into a take-out--offender was 24 years old with a lengthy record}} | ||
{{SCase1|R v Weaver,<br>[http://canlii.ca/t/1ms42 1990 CanLII 2355] | 12 mo | 3 break and enters; commercial }} | {{SCase1|R v Weaver,<br>[http://canlii.ca/t/1ms42 1990 CanLII 2355] (NSCA){{perNSCA|Macdonald JA}} | 12 mo | 3 break and enters; commercial }} | ||
{{SCase1|R v Burry,<br>[1990] N.J. No. 93 (CA)| 14 months | break into inn and stole property worth $500--offender had prior record for arson--called sentence "high end"}} | {{SCase1|R v Burry,<br>[1990] N.J. No. 93 (CA){{NOCANLII}}| 14 months | break into inn and stole property worth $500--offender had prior record for arson--called sentence "high end"}} | ||
{{SCase1|R v Tubrett,<br> [1988] N.J. No. 337 (CA)| 30 months | break into residence, stole money, defecated on chair--offender had extensive record}} | {{SCase1|R v Tubrett,<br> [1988] N.J. No. 337 (CA){{NOCANLII}}| 30 months | break into residence, stole money, defecated on chair--offender had extensive record}} | ||
{{SCase1|R v Piercey,<br> [1987] N.J. No. 12 (CA), [http://canlii.ca/t/fsxlp 1988 CanLII 4434] (NL CA)| 9 months | broke into a cabin and stole liqour and steaks--offender had lengthy record--not considered serious }} | {{SCase1|R v Piercey,<br> [1987] N.J. No. 12 (CA), [http://canlii.ca/t/fsxlp 1988 CanLII 4434] (NL CA){{perNLCA|Morgan JA}} | 9 months | broke into a cabin and stole liqour and steaks--offender had lengthy record--not considered serious }} | ||
{{SCase1|R v Zong,<br>1986 72 N.S.R. (2d) 432{{NOCANLII}}| | }} | {{SCase1|R v Zong,<br>1986 72 N.S.R. (2d) 432{{NOCANLII}}| | }} | ||
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{{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|}} | 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 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) | 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. }} | ||
{{SCase1|R v Rowlands, <br> [http://canlii.ca/t/gjbml 2015 CanLII 29313] (NL SCTD){{perNLSC|}} | 12 months + Probation | Offender enters residence and attempts to sexually assault a sleeping occupant, kissing her and trying to hug her.}} | {{SCase1|R v Rowlands, <br> [http://canlii.ca/t/gjbml 2015 CanLII 29313] (NL SCTD){{perNLSC|Handrigan J}} | 12 months + Probation | Offender enters residence and attempts to sexually assault a sleeping occupant, kissing her and trying to hug her.}} | ||
{{SCase1|R v Roul, <br> [http://canlii.ca/t/g2w51 2014 CanLII 2887] (NL PC){{perNLPC| }} | 1 year (B&E)<br> 30 days (Breach)| }} | {{SCase1|R v Roul, <br> [http://canlii.ca/t/g2w51 2014 CanLII 2887] (NL PC){{perNLPC|Porter J}} | 1 year (B&E)<br> 30 days (Breach)| }} | ||
{{SCase1|R v Piche, <br>[http://canlii.ca/t/g6tw5 2014 ABPC 93] (CanLII) | {{SCase1|R v Piche, <br>[http://canlii.ca/t/g6tw5 2014 ABPC 93] (CanLII){{perABPC|Rosborough J}} | 9 years (global) | Offender convicted of aggravated assault x 2 while breaking into home.}} | ||
{{SCase1|R v Deforest,<br> [http://canlii.ca/t/g6r6p 2014 SKCA 43] (CanLII)| 3 years | offender breaks into home of partner and strangles her.}} | {{SCase1|R v Deforest,<br> [http://canlii.ca/t/g6r6p 2014 SKCA 43] (CanLII){{perSKCA|Witmore JA}}| 3 years | offender breaks into home of partner and strangles her.}} | ||
{{SCase1|R v Viscount, <br>[http://canlii.ca/t/g6sk9 2014 BCPC 83] (CanLII){{perBCPC| }} | 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|}} | 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|}}| 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.}} | ||
{{SCase1|R v Hill,<br> [http://canlii.ca/t/fws2h 2013 ONCJ 159] (CanLII) | B&E (8 years) <br>Robbery (8 years) |}} | {{SCase1|R v Hill,<br> [http://canlii.ca/t/fws2h 2013 ONCJ 159] (CanLII){{perONCJ|Baldwin J}} | B&E (8 years) <br>Robbery (8 years) |}} | ||
{{SCase1|R v Abraham,<br> [http://canlii.ca/t/fvfbb 2012 MBPC 77] (CanLII){{perMBPC| }} | 3.25 years | Also sentenced for aggravated assault and breaches. The offender and co-accused broke into house to rob it while residents were asleep. Confrontation resulted in co-accused using bearspray on residents and offender pushing one down the stairs. Offender was in 30s with a aboriginal background.}} | {{SCase1|R v Abraham,<br> [http://canlii.ca/t/fvfbb 2012 MBPC 77] (CanLII){{perMBPC|Heinrichs J}} | 3.25 years | Also sentenced for aggravated assault and breaches. The offender and co-accused broke into house to rob it while residents were asleep. Confrontation resulted in co-accused using bearspray on residents and offender pushing one down the stairs. Offender was in 30s with a aboriginal background.}} | ||
{{SCase1|R v Goodwin,<br> [http://canlii.ca/t/fvb0d 2012 BCPC 439] (CanLII){{perBCPC|O'Byrne J}} | 3 years | Offender had 16 prior break convictions, last being 3 years. Described as "career criminal". He had 13 months remand time, it was ''not'' credited to 3 year sentence.}} | {{SCase1|R v Goodwin,<br> [http://canlii.ca/t/fvb0d 2012 BCPC 439] (CanLII){{perBCPC|O'Byrne J}} | 3 years | Offender had 16 prior break convictions, last being 3 years. Described as "career criminal". He had 13 months remand time, it was ''not'' credited to 3 year sentence.}} | ||
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{{SCase1|R v Walbourne,<br> [2012] N.J. No. 171, [http://canlii.ca/t/frdbw 2012 CanLII 26671] (NL PC){{perNLPC|Orr J}}| 48 months | broke into three private residences, committed assault and mischief}} | {{SCase1|R v Walbourne,<br> [2012] N.J. No. 171, [http://canlii.ca/t/frdbw 2012 CanLII 26671] (NL PC){{perNLPC|Orr J}}| 48 months | broke into three private residences, committed assault and mischief}} | ||
{{SCase1|R v Rao and MacFadden,<br> [http://canlii.ca/t/frt0s 2012 BCSC 929] (CanLII){{perBCSC|}}| 12 years |also convicted of sexual assault and robbery}} | {{SCase1|R v Rao and MacFadden,<br> [http://canlii.ca/t/frt0s 2012 BCSC 929] (CanLII){{perBCSC|Humphries J}}| 12 years |also convicted of sexual assault and robbery}} | ||
{{SCase1|Qaqasiq v R.,<br> [http://canlii.ca/t/frg66 2012 NUCA 3] (CanLII) | 3 years| broke into home of victim and two children while armed with a rifle--lengthy record}} | {{SCase1|Qaqasiq v R.,<br> [http://canlii.ca/t/frg66 2012 NUCA 3] (CanLII){{perNUCA|Hunt JA}} | 3 years| broke into home of victim and two children while armed with a rifle--lengthy record}} | ||
{{SCase1|R v Gladue,<br>[http://canlii.ca/t/fpcqt 2011 ABCA 378] (CanLII){{perABCA| }} | 7 years | home invasion sexual assault}} | {{SCase1|R v Gladue,<br>[http://canlii.ca/t/fpcqt 2011 ABCA 378] (CanLII){{perABCA|O’Ferrall J}} | 7 years | home invasion sexual assault}} | ||
{{SCase1|R v L.L.G.,<br>[http://canlii.ca/t/fpg3f 2011 MBQB 269] (CanLII) | 10 years | home invasion and sexual assault; chlidren were present}} | {{SCase1|R v L.L.G.,<br>[http://canlii.ca/t/fpg3f 2011 MBQB 269] (CanLII){{perMBQB|Perlmutter J}} | 10 years | home invasion and sexual assault; chlidren were present}} | ||
{{SCase1|R v Omilgoituk,<br> [http://canlii.ca/t/fp459 2011 NLCA 77] (CanLII) | 33 months | kicked down door of residence and threatened to kill victim}} | {{SCase1|R v Omilgoituk,<br> [http://canlii.ca/t/fp459 2011 NLCA 77] (CanLII){{perNLCA|Hoegg JA}} | 33 months | kicked down door of residence and threatened to kill victim}} | ||
{{SCase1| R v Shirley,<br> [http://canlii.ca/t/23v4v 2009 ONCJ 266] (CanLII)| | }} | {{SCase1| R v Shirley,<br> [http://canlii.ca/t/23v4v 2009 ONCJ 266] (CanLII){{perONCJ|De Filippis J}}| | }} | ||
{{SCase1| R v Serre,<br> [http://canlii.ca/t/22bzc 2009 ONCA 108] (CanLII){{ | {{SCase1| R v Serre,<br> [http://canlii.ca/t/22bzc 2009 ONCA 108] (CanLII){{TheCourt}}| 4 years | broke into house to collect drug debt; carried weapon and made implicit threat}} | ||
{{SCase1| R v Reader (M.),<br>[http://canlii.ca/t/1wgk2 2008 MBCA 42] (CanLII){{perMBCA| }}| 15 years | }} | {{SCase1| R v Reader (M.),<br>[http://canlii.ca/t/1wgk2 2008 MBCA 42] (CanLII){{perMBCA| }}| 15 years | }} | ||
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{{SCase1| R v Levandoski,<br>[http://canlii.ca/t/1rxcn 2007 SKPC 68] (CanLII){{perSKPC|Singer J}}| 13 months | fight bw drug users result in offender entering home, getting punched by victim}} | {{SCase1| R v Levandoski,<br>[http://canlii.ca/t/1rxcn 2007 SKPC 68] (CanLII){{perSKPC|Singer J}}| 13 months | fight bw drug users result in offender entering home, getting punched by victim}} | ||
{{SCase1| R v Dhaliwal,<br>[http://canlii.ca/t/1vq8z 2007 BCSC 1936] (CanLII){{perBCSC|}}| 2 years less a day | broke into grow op house to rob residents; used taser to subdue victim}} | {{SCase1| R v Dhaliwal,<br>[http://canlii.ca/t/1vq8z 2007 BCSC 1936] (CanLII){{perBCSC|Groberman J}}| 2 years less a day | broke into grow op house to rob residents; used taser to subdue victim}} | ||
{{SCase1| R v Snow,<br>[http://canlii.ca/t/1t0tg 2007 ONCJ 426] (CanLII)| 3.5 years | 45 years old, 29 prior B&E; broke into house with screwdriver ran upstairs and stole jewellery }} | {{SCase1| R v Snow,<br>[http://canlii.ca/t/1t0tg 2007 ONCJ 426] (CanLII){{perONCJ|Trotter J}}| 3.5 years | 45 years old, 29 prior B&E; broke into house with screwdriver ran upstairs and stole jewellery }} | ||
{{SCase1|R v Martinez,<br>[http://canlii.ca/t/1r4cq 2007 NSPC 9] (CanLII)|54 mo less remand |}} | {{SCase1|R v Martinez,<br>[http://canlii.ca/t/1r4cq 2007 NSPC 9] (CanLII){{perNSPC|Tufts J}}|54 mo less remand |}} | ||
{{SCase1| R v Wright,<br>[http://canlii.ca/t/1q4bj 2006 CanLII 40975] (ONCA){{perONCA| }}| 8 years |}} | {{SCase1| R v Wright,<br>[http://canlii.ca/t/1q4bj 2006 CanLII 40975] (ONCA){{perONCA|Blair JA}}| 8 years |}} | ||
{{SCase1| R v Turtle,<br>[http://canlii.ca/t/1q7xl 2006 MBCA 148] (CanLII){{perMBCA| }}| 42 months | residence present; no violence used}} | {{SCase1| R v Turtle,<br>[http://canlii.ca/t/1q7xl 2006 MBCA 148] (CanLII){{perMBCA|Scott CJ}}| 42 months | residence present; no violence used}} | ||
{{SCase1| R v Vincent,<br>[http://canlii.ca/t/1mw97 2006 BCCA 135] (CanLII){{perBCCA| }}| 9 months | followed victim into condo suite; pretended to be police; ran away when asked for search warrant }} | {{SCase1| R v Vincent,<br>[http://canlii.ca/t/1mw97 2006 BCCA 135] (CanLII){{perBCCA|Ryan JA}}| 9 months | followed victim into condo suite; pretended to be police; ran away when asked for search warrant }} | ||
{{SCase1|R v Carvalho,<br>[http://canlii.ca/t/1n39v 2006 CanLII 12959] (ON C.A.){{ | {{SCase1|R v Carvalho,<br>[http://canlii.ca/t/1n39v 2006 CanLII 12959] (ON C.A.){{TheCourt}}| 5 years | break into residence at night while owner sleeping; then broke into back shed; very long record}} | ||
{{SCase1|R v Best,<br>[http://canlii.ca/t/1l8g6 2005 NSSC 199] (CanLII){{perNSSC| }}|12 years | aggravated assault with B&E; lengthy non-violent record}} | {{SCase1|R v Best,<br>[http://canlii.ca/t/1l8g6 2005 NSSC 199] (CanLII){{perNSSC|Kennedy CJ}}|12 years | aggravated assault with B&E; lengthy non-violent record}} | ||
{{SCase1|R v Desrochers,<br>[http://canlii.ca/t/1lqjk 2005 MBCA 115] (CanLII){{perMBCA| }} |15 months | 2 residential break-ins; ran away; record was lengthy with property offences; breaches}} | {{SCase1|R v Desrochers,<br>[http://canlii.ca/t/1lqjk 2005 MBCA 115] (CanLII){{perMBCA|Monnin JA}} |15 months | 2 residential break-ins; ran away; record was lengthy with property offences; breaches}} | ||
{{SCase1|R v Pinch,<br>[http://canlii.ca/t/1l5t4 2005 NSSC 122] (CanLII){{perNSSC| }}| 4 years|}} | {{SCase1|R v Pinch,<br>[http://canlii.ca/t/1l5t4 2005 NSSC 122] (CanLII){{perNSSC|Hall J}}| 4 years|}} | ||
{{SCase1| R v Pakoo,<br>[http://canlii.ca/t/1j2c2 2004 MBCA 157] (CanLII){{perMBCA| }}| 5 years | }} | {{SCase1| R v Pakoo,<br>[http://canlii.ca/t/1j2c2 2004 MBCA 157] (CanLII){{perMBCA|Freedman JA}}| 5 years | }} | ||
{{SCase1|R v Sharphead,<br>[http://canlii.ca/t/1j0xx 2004 ABCA 338] (CanLII){{perABCA| }}| 3 years | broke into victim's home; committed aggravated assault with knife; no prior record}} | {{SCase1|R v Sharphead,<br>[http://canlii.ca/t/1j0xx 2004 ABCA 338] (CanLII){{perABCA|Hunt JA}}| 3 years | broke into victim's home; committed aggravated assault with knife; no prior record}} | ||
{{SCase1|R v MacKenzie,<br>[http://canlii.ca/t/1hzbq 2004 NSCA 68] (CanLII){{perNSCA| }}|2 years | 28 convictions on record; 10 for property offences}} | {{SCase1|R v MacKenzie,<br>[http://canlii.ca/t/1hzbq 2004 NSCA 68] (CanLII){{perNSCA|Saunder JA}}|2 years | 28 convictions on record; 10 for property offences}} | ||
{{SCase1|R v Johnson,<br>[http://canlii.ca/t/1hzqf 2004 ABCA 308] (CanLII){{perABCA| }}| 2.5 years | break in residence while intoxicated, in bedroom of victim; woke her up, put hand on throat causing bruises}} | {{SCase1|R v Johnson,<br>[http://canlii.ca/t/1hzqf 2004 ABCA 308] (CanLII){{perABCA|Romaine JA}}| 2.5 years | break in residence while intoxicated, in bedroom of victim; woke her up, put hand on throat causing bruises}} | ||
{{SCase1|R v Leggo,<br>[http://canlii.ca/t/58db 2003 BCCA 392] (CanLII){{perBCCA| }}| 9 years, 10 months | The accused and co-accused broke into victim's home with a bat and imitation firearm. The victim was tied up and personal property was stolen. The accused was 32 years old and had a lengthy prior record.}} | {{SCase1|R v Leggo,<br>[http://canlii.ca/t/58db 2003 BCCA 392] (CanLII){{perBCCA|Saunders JA}}| 9 years, 10 months | The accused and co-accused broke into victim's home with a bat and imitation firearm. The victim was tied up and personal property was stolen. The accused was 32 years old and had a lengthy prior record.}} | ||
{{SCase1| R v D.A.W.,<br>[http://canlii.ca/t/5kdn 2002 BCCA 336] (CanLII){{perBCCA| }} | 10 years | Offender convicted of break and enter and robbery. Offender and partner broke into elderly persons home and threatened with knife. There was a fight and partner sexually assaulted the female while offender restrained male victim.}} | {{SCase1| R v D.A.W.,<br>[http://canlii.ca/t/5kdn 2002 BCCA 336] (CanLII){{perBCCA|Hall JA}} | 10 years | Offender convicted of break and enter and robbery. Offender and partner broke into elderly persons home and threatened with knife. There was a fight and partner sexually assaulted the female while offender restrained male victim.}} | ||
{{SCase1|R v Kelly,<br>[http://canlii.ca/t/4xxn 2002 BCCA 190] (CanLII){{perBCCA| }} | 4 years | Offender was convicted of break and enter, sexual assault, and unlawful confinement. He was 22 years old, aboriginal and had no prior record.}} | {{SCase1|R v Kelly,<br>[http://canlii.ca/t/4xxn 2002 BCCA 190] (CanLII){{perBCCA|Hall JA}} | 4 years | Offender was convicted of break and enter, sexual assault, and unlawful confinement. He was 22 years old, aboriginal and had no prior record.}} | ||
{{SCase1| R v Parlee,<br>[http://canlii.ca/t/4vf6 2002 NBCA 21] (CanLII){{ | {{SCase1| R v Parlee,<br>[http://canlii.ca/t/4vf6 2002 NBCA 21] (CanLII){{TheCourt}}|2 years less a day|knocked on door; resident called police; arrested with drill}} | ||
{{SCase1|R v Purdy (1993), 21 WCB (2d) 616 (NSCA), [http://canlii.ca/t/1mqx6 1993 CanLII 3123] (NS CA){{perNSCA| }} | 2 year suspended sentence| Multiple offenders broke into a residence and assaulted the occupant in the presence of his children. The offenders were intoxicated at the time. }} | {{SCase1|R v Purdy (1993), 21 WCB (2d) 616 (NSCA), [http://canlii.ca/t/1mqx6 1993 CanLII 3123] (NS CA){{perNSCA|Jones JA}} | 2 year suspended sentence| Multiple offenders broke into a residence and assaulted the occupant in the presence of his children. The offenders were intoxicated at the time. }} | ||
{{SCase1|R v Howard,<br>[http://canlii.ca/t/1n3tl 1991 CanLII 2648] (NB Q.B.)|18 months | enters house through basement window; flees, long criminal record}} | {{SCase1|R v Howard,<br>[http://canlii.ca/t/1n3tl 1991 CanLII 2648] (NB Q.B.){{perNBQB|Riordon J}}|18 months | enters house through basement window; flees, long criminal record}} | ||
{{SCaseEnd}} | {{SCaseEnd}} | ||
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{{SCase1|R v McKay,<br>[http://canlii.ca/t/1mr7w 1993 CanLII 3242] (NS C.A.){{perNSCA|Clarke CJ}} | 2 years | grocery store, taken $960+ in items}} | {{SCase1|R v McKay,<br>[http://canlii.ca/t/1mr7w 1993 CanLII 3242] (NS C.A.){{perNSCA|Clarke CJ}} | 2 years | grocery store, taken $960+ in items}} | ||
{{SCase1|R v Schrader,<br>[http://canlii.ca/t/1ms89 1991 CanLII 2592] (NS CA), (1991), 104 N.S.R. (2d) 91 (C.A.){{perNSCA| }}| Suspended | Offender was 20 years old with a long youth and adult record, including break and enter. Good potential for rehabilitation.}} | {{SCase1|R v Schrader,<br>[http://canlii.ca/t/1ms89 1991 CanLII 2592] (NS CA), (1991), 104 N.S.R. (2d) 91 (C.A.){{perNSCA|Chipman JA}}| Suspended | Offender was 20 years old with a long youth and adult record, including break and enter. Good potential for rehabilitation.}} | ||
{{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| }}| 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)| 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 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| }} | 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.}} | ||
{{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}} | ||
Revision as of 13:18, 28 November 2018
- < 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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