Canada Case Law

R. v. Gregg Keeney

Court

Nova Scotia Provincial Court

The court convicted because (1) verified expert friction-ridge analysis identified the unknown left-hand prints and a palm on the exterior window as deposited by Gregg Mitchell Keeney; (2) surveillance video fixed the timing and shows the prints being applied while the window was being forced open in immediate temporal connection with the entry; and (3) circumstantial evidence (conduct at scene, handling and transfer of items, knowledge from prior employment, coordinated actions of three individuals) eliminated reasonable innocent inferences so that guilt as a party to break and enter, theft…

Source excerpt

• Break and enter
• Theft
• Mischief
• Identification
• Fingerprint analysis
• Circumstantial evidence

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R. v. Kizmann

Court

Supreme Court of British Columbia

The court convicted Jeffrey Michael Kizmann of drug trafficking possession and possession of stolen property after finding constructive possession of drugs in a fanny pack and knowledge that a chainsaw was stolen.

• Possession for the purpose of trafficking
• Possession of property obtained by crime
• Recent possession doctrine
• Chain of custody/continuity of evidence
• Circumstantial evidence
• Admissibility of documents-in-possession hearsay

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R. v. Sawatsky

Court

Supreme Court of British Columbia

The court convicted the accused on four counts after finding circumstantial evidence, including surveillance, stolen firearms, and tool-paint matches, excluded reasonable alternative explanations.

• Break and enter
• Possession of break-in instruments
• Mischief
• Possession of controlled substance
• Circumstantial evidence
• Forensic paint analysis

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R. v. Bomba

Court

Supreme Court of British Columbia

The court accepted a joint submission in a violent home-invasion sentencing, imposing an effective custody term of two years and 258 days plus DNA and firearm orders.

• Break and enter
• Robbery
• Use of imitation firearm
• Pre-sentence custody credit
• Dna databank order
• Firearm prohibition

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R. v. Stark

Court

Supreme Court of British Columbia

Sentencing for guilty pleas to violent home invasions, aggravated assault, and firearm offences. The court imposed a nine-year global term, plus ancillary orders.

• Aggravated assault
• Breaking and entering
• Use of a firearm in commission of an offence
• Possession of restricted firearm without licence
• Possession of weapon obtained by offence
• Pre-sentence custody credit

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R. v. Fizli

Court

Nova Scotia Provincial Court

The court accepted the joint recommendation as reasonable given the balance of aggravating factors (violent robbery motivated by prior gain) and mitigating factors (youth, guilty plea, substance and mental-health issues), imposed consecutive and concurrent terms that aggregate to five years' imprisonment, applied 63 days' remand as time-and-a-half credit per Carvery, and ordered ancillary measures (DNA collection, s.109 firearm prohibition, s.743.21 no-contact endorsement) to address public protection and specific deterrence.

Source excerpt

• Breach of probation
• Robbery
• Possession of property obtained by crime
• Remand credit
• Dna collection order
• Firearms prohibition

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R. v. Ertmoed

Court

Supreme Court of British Columbia

The court convicted Dillon Benjamin Ertmoed on most counts arising from a Prince George break-in, relying on DNA and circumstantial evidence, but acquitted on weapon-use counts.

• Identification evidence
• Circumstantial evidence
• Dna profiling
• Break and enter
• Robbery
• Unlawful confinement

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R. v. Isenor

Court

Nova Scotia Provincial Court

Given the seriousness of two planned break and enters of occupied dwellings, significant irreversible sentimental loss, the offender's high degree of responsibility and applicable parity with authority indicating a multi-year benchmark, the appropriate sanction for the two dwelling-house break and enters is custody exceeding two years; the court imposed 2.5 years (912 days) concurrent for the two dwelling-house offences, concurrent 30 days for possession of stolen property, consecutive 30 days for breach of recognizance, deemed one day served for each failure-to-attend, yielding an aggregate…

Source excerpt

• Break and enter of dwelling
• Theft
• Possession of stolen property
• Failure to comply with recognizance
• Failure to attend court
• Conditional sentence availability

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R. v. Jahanrakhshan

Court

British Columbia Court of Appeal

A criminal appeal on business records, foreign affidavits, authorization, and forgery-instrument possession was dismissed, leaving multiple convictions intact.

• Credit card fraud
• Business records (canada evidence act s.30)
• Admissibility of foreign affidavits (ss.52-53)
• Mens rea for possession of forgery instruments
• Common law hearsay/business records exception
• Credit-card-fraud

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R. v. Bhatti

Court

Court of Appeal for Ontario

The trial judge did not err in principle: given the magnitude, character and duration of the offences general deterrence was a significant and appropriate sentencing objective, the judge's reference to the prevalence of tractor trailer thefts was used only to indicate the need for deterrence not as an aggravating factor, and the imposition of a 12 month custodial sentence with three years probation was within the permissible range and appropriately declined to be replaced by a conditional sentence.

Source excerpt

• Possession of stolen property
• General deterrence
• Conditional sentence
• Judicial notice
• Mitigating and aggravating factors

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