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

From Criminal Law Notebook
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{{SCaseLong|''R v Yakobchuk'', <Br> [http://canlii.ca/t/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.  }}
{{SCaseLong|''R v Yakobchuk'', <Br> [http://canlii.ca/t/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.  }}


{{SCaseLong|''R v Logan''<br> [http://canlii.ca/t/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. }}
{{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. }}


{{SCaseLong|''R v GS'',<br> [http://canlii.ca/t/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}}
{{SCaseLong|''R v GS'',<br> [http://canlii.ca/t/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}}
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{{SCaseLong|R v Robertson Clarke<br>[http://canlii.ca/t/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. }}
{{SCaseLong|R v Robertson Clarke<br>[http://canlii.ca/t/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. }}


{{SCaseLong|''R v Solowan''<br> [http://canlii.ca/t/21h61 2008 SCC 62] (CanLII){{perSCC|Fish J}}|SCC|SCC| 3 months + Prob. | The offender was convicted of possession of stolen property and flight from police.}}
{{SCaseLong|{{CanLIIR-S|Solowan|21h61|2008 SCC 62 (CanLII)}}{{perSCC|Fish J}}|SCC|SCC| 3 months + Prob. | The offender was convicted of possession of stolen property and flight from police.}}


{{SCaseLong|''R v Hall''<br> [http://canlii.ca/t/1rzvc  2007 MBPC 27] (CanLII){{perMBPC|Sandhu J}}|MB|PC| 6 months + Prob.| The offender was convicted of driving while disqualified and poss'n stolen vehicle.}}
{{SCaseLong|''R v Hall''<br> [http://canlii.ca/t/1rzvc  2007 MBPC 27] (CanLII){{perMBPC|Sandhu J}}|MB|PC| 6 months + Prob.| The offender was convicted of driving while disqualified and poss'n stolen vehicle.}}


{{SCaseLong|''R v Zolis''<br> [http://canlii.ca/t/1qs4x 2007 ABCA 81] (CanLII){{perABCA|O’Brien JA}}|AB|CA| 2 months (poss'n veh.) <br>11 months (global) | }}
{{SCaseLong|{{CanLIIR-S|Zolis|1qs4x|2007 ABCA 81 (CanLII)}}{{perABCA|O’Brien JA}}|AB|CA| 2 months (poss'n veh.) <br>11 months (global) | }}


{{SCaseLong|''R v Ganske''<br> [http://canlii.ca/t/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.}}
{{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.}}


{{SCaseLong|R v McCaskie<br> [http://canlii.ca/t/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. }}
{{SCaseLong|R v McCaskie<br> [http://canlii.ca/t/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. }}
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{{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. }}
{{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. }}


{{SCaseLong|''R v Myre''<br> [http://canlii.ca/t/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. }}
{{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. }}


{{SCaseLong|''R v Soldat''<br>[http://canlii.ca/t/fr8f8 2012 MBCA 39] (CanLII){{perMBCA|Monnin JA}}|MB|CA| 15.{{JailM|5}} | }}
{{SCaseLong|''R v Soldat''<br>[http://canlii.ca/t/fr8f8 2012 MBCA 39] (CanLII){{perMBCA|Monnin JA}}|MB|CA| 15.{{JailM|5}} | }}
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{{SCaseLong|R v McBain<br> [http://canlii.ca/t/fqstw 2012 ABCA 104] (CanLII){{perABCA|Costigan JA}}|AB|CA| {{JailY|3}} | possession stolen property over $5,000--long criminal record}}
{{SCaseLong|R v McBain<br> [http://canlii.ca/t/fqstw 2012 ABCA 104] (CanLII){{perABCA|Costigan JA}}|AB|CA| {{JailY|3}} | possession stolen property over $5,000--long criminal record}}


{{SCaseLong|''R v Brown''<br> [http://canlii.ca/t/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.}}
{{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.}}


{{SCaseLong| R v McCaskill<br>  [http://canlii.ca/t/1x1gf 2008 ABCA 202] (CanLII){{perABCA|Clackson J}}|AB|CA| {{CSOM|12}} | poss'n stolen stolen computer equipment valued at $19-26,000. }}
{{SCaseLong| R v McCaskill<br>  [http://canlii.ca/t/1x1gf 2008 ABCA 202] (CanLII){{perABCA|Clackson J}}|AB|CA| {{CSOM|12}} | poss'n stolen stolen computer equipment valued at $19-26,000. }}
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{{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. }}
{{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. }}


{{SCaseLong|''R v Banks''<br> [http://canlii.ca/t/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.}}
{{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.}}


{{SCaseLong|''R v Kravchov''<br> [2002] OJ No 2172{{NOCANLII}}|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.}}
{{SCaseLong|''R v Kravchov''<br> [2002] OJ No 2172{{NOCANLII}}|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.}}

Revision as of 08:40, 1 February 2021

Possession Under $5,000

Case Name Prv. Crt. Sentence Summary
R v Sagoo,
2008 BCCA 41 (CanLII), per Saunders JA
BC CA 6 months imprisonment possession stolen car
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".

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.
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.
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.
R v Solowan, 2008 SCC 62 (CanLII), per Fish J SCC SCC 3 months + Prob. The offender was convicted of possession of stolen property and flight from police.
R v Hall
2007 MBPC 27 (CanLII), per Sandhu J
MB PC 6 months + Prob. The offender was convicted of driving while disqualified and poss'n stolen vehicle.
R v Zolis, 2007 ABCA 81 (CanLII), per O’Brien JA AB CA 2 months (poss'n veh.)
11 months (global)
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.
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.
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.
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.
R v Soldat
2012 MBCA 39 (CanLII), per Monnin JA
MB CA 15.5 months imprisonment
R v McBain
2012 ABCA 104 (CanLII), per Costigan JA
AB CA 3 years imprisonment possession stolen property over $5,000--long criminal record
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.
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.
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.
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.
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.

See Also