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

Crown asked36 months in custody1
Judge imposed28 months (852 days) in custody less 573 days credit, then 24 months probation1
228 days less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked36 months in custody
Judge imposed852 days in custody
For theft over $5,000 (CC 334(a)), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 23% of the maximum. Read the section.

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

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.

1

The record

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

  1. 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.
  2. Criminal Code, s. 348 Record, Justice Laws Website
  3. R. v. Brophy, 2025 BCSC 968 Court decision, Courts of British Columbia

publicly
Sentence Watch is part of Publicly: sites built from government and court records, with every fact linked to its source. Publicly is not affiliated with any government. Visits are counted with Google Analytics, which sets cookies.