R. v. Papequash (J.T.), 2003 YKCA 13

• Judge: Ryan, Saunders and Lowry, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: July 14, 2003
• Jurisdiction: Yukon
• Citations: 2003 YKCA 13;(2003), 185 B.C.A.C. 192 (YukCA)

R. v. Papequash (J.T.) (2003), 185 B.C.A.C. 192 (YukCA);

    303 W.A.C. 192

MLB headnote and full text

Temp. Cite: [2003] B.C.A.C. TBEd. AU.027

Regina (respondent) v. John Thomas Papequash also known as John Thomas Graham (appellant)

(YU00498; 2003 YKCA 13)

Indexed As: R. v. Papequash (J.T.)

Yukon Court of Appeal

Ryan, Saunders and Lowry, JJ.A.

July 14, 2003.

Summary:

The accused was convicted of a number of offences (some on a guilty plea): break and enter (two counts); resisting a police officer engaged in the execution of his duty; pos­session of stolen property under $5,000; robbery; breach of probation; failure to abide by the conditions of release (two counts); possession of housebreaking tools; and pos­session of stolen property over $5,000. He was sentenced to a total of three years' imprisonment. The accused appealed the sentence.

The Yukon Court of Appeal allowed the appeal.

Criminal Law - Topic 5851

Sentence - Break and enter - A 20 year old aboriginal accused was convicted of numerous offences committed over nine months, among them: breaking and enter­ing a video store; resisting a police officer; pos­session of stolen goods under $5,000; rob­bery; possession of housebreak­ing instru­ments; breaking and entering a resi­dence; and possession of stolen goods over $5,000 - Guilty pleas to some offences - Youth and adult court record from age 12 - Expressed remorse - Supportive family - Alcohol and drug problems - 52 days presentence custody - The Yukon Court of Appeal reduced the global sentence from three years' imprisonment to two years less a day, plus two years' probation.

Criminal Law - Topic 5855

Sentence - Robbery - [See Criminal Law - Topic 5851 ].

Criminal Law - Topic 5862

Sentence - Possession of stolen goods or goods obtained by crime - [See Criminal Law - Topic 5851 ].

Criminal Law - Topic 5870

Sentence - Possession of housebreaking tools - [See Criminal Law - Topic 5851 ].

Criminal Law - Topic 5888

Sentence - Resisting or obstructing a peace officer - [See Criminal Law - Topic 5851 ].

Counsel:

E. Horembala, Q.C., and J. Reid, for the appellant;

N. Somji, for the respondent.

This appeal was heard before Ryan, Saun­ders and Lowry, JJ.A., of the Yukon Court of Appeal, at Vancouver, British Columbia, on July 14, 2003, when the following deci­sion was delivered orally for the court by Ryan, J.A.