R. v. Turlock (T.J.), (1995) 55 B.C.A.C. 92 (CA)

• Judge: Cumming, Rowles and Finch, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: January 27, 1995
• Jurisdiction: British Columbia
• Citations: (1995), 55 B.C.A.C. 92 (CA)

R. v. Turlock (T.J.) (1995), 55 B.C.A.C. 92 (CA);

    90 W.A.C. 92

MLB headnote and full text

Regina (respondent) v. Thomas James Turlock (appellant)

(V02474)

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

British Columbia Court of Appeal

Cumming, Rowles and Finch, JJ.A.

January 27, 1995.

Summary:

The accused was convicted of break, enter and theft and sentenced to two years less a day. The accused appealed against sentence.

The British Columbia Court of Appeal allowed the appeal.

Criminal Law - Topic 5851

Sentence - Break and enter - An 18 year old was convicted of break, enter and theft of a private residence (through breaking a window) - Stolen goods never recovered - On probation at the time of the offence - 49 days pre-sentencing custody - Juvenile record of four similar offences and one for possession of stolen property - Now returned full time to school and attempting to turn his life around: cautious optimism about rehabilitation - The British Colum­bia Court of Appeal reduced a sentence of two years less a day to 15 months' im­prisonment plus one year's probation.

Cases Noticed:

R. v. Essiambre (1991), 1 B.C.A.C. 294; 1 W.A.C. 294 (C.A.), refd to. [para. 13].

R. v. Hewitt (J.T.) (1994), 41 B.C.A.C. 313; 66 W.A.C. 313 (C.A.), refd to. [para. 13].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 348(1)(b) [para. 1].

Counsel:

Robert A. Mulligan, for the respondent;

Patrick A. Penny, for the appellant.

This appeal was heard in Victoria, British Columbia, before Cumming, Rowles and Finch, JJ.A., of the British Columbia Court of Appeal. The decision of the court was delivered orally on January 27, 1995, in­cluding the following opinions:

Finch, J.A. - see paragraphs 1 to 19;

Cumming, J.A. - see paragraphs 20 and 22;

Rowles, J.A. - see paragraph 21.