Possession of Stolen Property (Sentencing Cases): Difference between revisions
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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| | {{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| | {{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| | {{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| | {{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| | {{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| | {{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| | {{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
- < Sentencing
- < Cases
|
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. |