R. v. Essiambre (R.W.), (2004) 196 B.C.A.C. 156 (CA)
| Judge | Rowles, Donald and Braidwood, JJ.A. |
| Court | Court of Appeal (British Columbia) |
| Case Date | February 27, 2004 |
| Jurisdiction | British Columbia |
| Citations | (2004), 196 B.C.A.C. 156 (CA);2004 BCCA 150 |
R. v. Essiambre (R.W.) (2004), 196 B.C.A.C. 156 (CA);
322 W.A.C. 156
MLB headnote and full text
Temp. Cite: [2004] B.C.A.C. TBEd. MR.082
Regina (respondent) v. Ronald Wayne Essiambre (appellant)
(CA030021; 2004 BCCA 150)
Indexed As: R. v. Essiambre (R.W.)
British Columbia Court of Appeal
Rowles, Donald and Braidwood, JJ.A.
February 27, 2004.
Summary:
The accused was convicted on all counts in a five-count information: break, enter and theft, possession of stolen property, obstructing a peace officer, fraud and using forged documents. The trial judge entered conditional stays on the possession of stolen property count and the forgery count. He sentenced the accused to two years' imprisonment on the break and enter, six months consecutive on the obstruction and one year consecutive on the fraud, for a total of 3.5 years' imprisonment. The accused appealed the sentences.
The British Columbia Court of Appeal dismissed the appeal.
Editor's Note: see also the following cases respecting this accused: 1 B.C.A.C. 294; 1 W.A.C. 294, and [2004] B.C.A.C. Uned. 23.
Criminal Law - Topic 5851
Sentence - Break and enter - The 31 year old accused was convicted of break, enter and theft of $20,000 to $30,000 from a private residence, obstructing a peace officer and fraud - Extensive record since 1986 of over 26 convictions - "Career criminal" - 10.5 months presentence custody - The British Columbia Court of Appeal affirmed sentences of two years' imprisonment for the break and enter, six months consecutive on the obstruction and one year consecutive on the fraud
Criminal Law - Topic 5859
Sentence - Fraud - [See Criminal Law - Topic 5851 ].
Criminal Law - Topic 5888
Sentence - Resisting or obstructing a peace officer - [See Criminal Law - Topic 5851 ].
Cases Noticed:
R. v. Kienapple, [1975] 1 S.C.R. 729; 1 N.R. 322, refd to. [para. 2].
R. v. Dujmovic, [1990] N.S.J. No. 144, refd to. [para. 9].
R. v. Blake (B.W.) (1994), 45 B.C.A.C. 99; 72 W.A.C. 99 (C.A.), refd to. [para. 10].
R. v. Tyrlik (R.I.) (1997), 97 B.C.A.C. 246; 157 W.A.C. 246 (C.A.), refd to. [para. 10].
Counsel:
D. Turko, for the appellant;
G.C. Deedman, for the respondent.
This appeal was heard before Rowles, Donald and Braidwood, JJ.A., of the British Columbia Court of Appeal, at Vancouver, British Columbia, on February 27, 2004, when the following decision was delivered orally for the court by Braidwood, J.A.
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R. v. Kipp (D.N.), 2010 BCSC 584
...that they had an element of continuity that required the sentences to be concurrent. [98] Mr. Bauman also refers to R. v. Essiambre , 2004 BCCA 150, in which Mr. Justice Braidwood referred to R. v. Dujmovic , [1990] N.S.J. No. 144 (C.A.) where the judge referred to sentences being "of simil......
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R. v. Poony, 2017 BCSC 2571
...case. In Kipp at para. 98, Justice Joyce cites Justice Braidwood in an earlier decision: [98] Mr. Bauman also refers to R. v. Essiambre, 2004 BCCA 150, in which Mr. Justice Braidwood referred to R. v. Dujmovic, [1990] N.S.J. No. 144 (C.A.) where the judge referred to sentences being "of sim......
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R. v. Kipp (D.N.), 2010 BCSC 584
...that they had an element of continuity that required the sentences to be concurrent. [98] Mr. Bauman also refers to R. v. Essiambre , 2004 BCCA 150, in which Mr. Justice Braidwood referred to R. v. Dujmovic , [1990] N.S.J. No. 144 (C.A.) where the judge referred to sentences being "of simil......
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R. v. Poony, 2017 BCSC 2571
...case. In Kipp at para. 98, Justice Joyce cites Justice Braidwood in an earlier decision: [98] Mr. Bauman also refers to R. v. Essiambre, 2004 BCCA 150, in which Mr. Justice Braidwood referred to R. v. Dujmovic, [1990] N.S.J. No. 144 (C.A.) where the judge referred to sentences being "of sim......