R. v. Blencoe (J.G.), (1992) 12 B.C.A.C. 239 (CA)

• Judge: McEachern, C.J.B.C., Toy and Gibbs, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 26, 1992
• Jurisdiction: British Columbia
• Citations: (1992), 12 B.C.A.C. 239 (CA)

R. v. Blencoe (J.G.) (1992), 12 B.C.A.C. 239 (CA);

    23 W.A.C. 239

MLB headnote and full text

Regina (respondent) v. John Gary Blencoe (appellant)

(CA015655)

Indexed As: R. v. Blencoe (J.G.)

British Columbia Court of Appeal

McEachern, C.J.B.C., Toy and Gibbs, JJ.A.

June 26, 1992.

Summary:

The accused was convicted of break and enter and was sentenced to six months' imprisonment plus probation. The accused appealed the sentence.

The British Columbia Court of Appeal allowed the appeal and reduced the sentence to three months' imprisonment.

Criminal Law - Topic 5851

Sentence - Break and enter - The accused committed a break and enter on August 25, 1991 - Before sentencing, the accused was convicted of attempted break and enter and was sentenced to 12 months' imprisonment and a further 40 days' imprisonment for other minor offences - The accused was then sentenced to six months' imprisonment for break and enter, consecutive to the 12 month sentence - The attempted break and enter conviction was set aside on appeal - The accused had been in custody for eight months - The break and enter was his first adult conviction - The accused had a young offenders record - The accused sought reduction of the sentence to time served - The British Columbia Court of Appeal allowed the sentence appeal, but reduced the sentence to three months' imprisonment.

Cases Noticed:

R. v. Essiambre (1991), 1 B.C.A.C. 294; 1 W.A.C. 294 (C.A.), refd to. [para. 5].

Counsel:

G.D. McKinnon, for the appellant;

   W.F. Ehrcke, for the respondent.

This appeal was heard before McEachern, C.J.B.C., Toy and Gibbs, JJ.A., of the British Columbia Court of Appeal.

On June 26, 1992, McEachern, C.J.B.C., delivered the following judgment orally for the Court of Appeal.