Theft over $5,000, Break and enter a place other than a dwelling-house, Possession of break-in instruments, Possession of property obtained by crime over $5,000, Theft $5,000 or under, Possession of property obtained by crime $5,000 or under
R. v. Brophy
Sentence and the Crown's position
What the law allows
Kevin Brophy pleaded guilty to eight property offences, including theft of a loaded semi-truck and trailer, theft of a utility trailer, and break-ins at businesses in the Okanagan in 2023. The Crown sought 1,080 days in custody; the defence sought 12 months plus six months and 13 days of jail, with a suspended sentence on the other files. Justice Forth imposed 28 months (852 days) in custody, less 573 days of credit, followed by 24 months of probation, finding no exceptional circumstances to support a suspended sentence.
In the judge's words
1Taking the sentencing principles into consideration and all of the offender's individual circumstances, in my view a fit sentence for the various counts would be a global sentence of 28 months, or 852 days, in custody.
The record
- Convicted of
- Theft over $5,000 (CC 334(a))
- Break and enter a place other than a dwelling-house (CC 348(1)(e), 2 counts)
- Possession of break-in instruments (CC 351(1))
- Possession of property obtained by crime over $5,000 (CC 354/355(a), 2 counts)
- Theft $5,000 or under (CC 334(b))
- Possession of property obtained by crime $5,000 or under (CC 354/355(b))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: T. Sicotte
Defence: M. Patterson, B. Belcher
Sources
- R. v. Brophy, 2025 BCSC 968 Court decision, CanLII, May 23, 2025
[39] The Crown's position is that Mr. Brophy should spend 1,080 days in custody for the offences for which he has plead guilty.
[1] The following are my oral reasons for sentencing. Kevin Brophy, the offender, was charged on nine indictments, or informations, for a total of 18 counts in four different registries.
[67] Taking the sentencing principles into consideration and all of the offender's individual circumstances, in my view a fit sentence for the various counts would be a global sentence of 28 months, or 852 days, in custody.
[70] Mr. Brophy, please stand. I sentence you to imprisonment for 28 months, or 852 days, followed by 24-months of probation. … [71] You have served 382 days in pre-sentence custody, with the enhanced credit this amounts to 573 days.
- Criminal Code, s. 348 Record, Justice Laws Website
- R. v. Brophy, 2025 BCSC 968 Court decision, Courts of British Columbia