Break and enter a dwelling-house, Dangerous operation of a conveyance, Disguise with intent to commit an indictable offence, Possession of property obtained by crime over $5,000

R. v. Maxwell

Sentence and the Crown's position

Crown asked5 years in custody1
Judge imposed5 years custody (977 days credit, 848 days remaining); 12 months concurrent on each other count1

What the law allows

MaximumLife imprisonment
Crown asked5 years in custody
Judge imposed5 years in custody
Defence asked5 years in custody
For break and enter a dwelling-house (CC 348(1)(d)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Vincent Silas Maxwell pleaded guilty to breaking and entering a dwelling house, disguise with intent, possession of a stolen vehicle and dangerous driving, all on June 24, 2024. The Crown and defence jointly proposed five years in custody. Justice Weatherill accepted the joint submission and imposed five years, with 977 days of credit for pre-sentence custody, finding it was not contrary to the public interest.

In the judge's words

Given the circumstances that I have been made aware of as submitted by Ms. Zanatta and Ms. Mastop, and based on their submissions, I am satisfied that the joint submission is appropriate for sentencing Mr. Maxwell.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
5 years in custody1
Appeal
Not yet checked
Counsel
Crown: T. Zanatta
Defence: C.C. Mastop

Sources

  1. R. v. Maxwell, 2026 BCSC 774 Court decision, CanLII, April 13, 2026[11] Mr. Maxwell has been in custody on these offences for 651 days of real time. With enhanced credit that is 977 days. Crown and Ms. Mastop propose a joint submission of five years in custody, which is federal time.[11] Mr. Maxwell has been in custody on these offences for 651 days of real time. With enhanced credit that is 977 days. Crown and Ms. Mastop propose a joint submission of five years in custody, which is federal time.[1] THE COURT: Mr. Maxwell, aged 41, is before me today for sentencing, having pled guilty on December 15, 2025, to four counts of a six‑count indictment:[13] Given the circumstances that I have been made aware of as submitted by Ms. Zanatta and Ms. Mastop, and based on their submissions, I am satisfied that the joint submission is appropriate for sentencing Mr. Maxwell.[16] I am going to sentence you to a period of five years in custody and that breakdown will be as follows: … [23] THE COURT: Let's do that. All right. It is going to be five years in custody, which is 1,825 days, less 977 days, that equals 848 days new time.
  2. Criminal Code, s. 348 Record, Justice Laws Website
  3. R. v. Maxwell, 2026 BCSC 774 Court decision, Courts of British Columbia

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