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Two defendants involved in a sophisticated residential burglary ring were sentenced to penitentiary terms following early guilty pleas.
Two defendants pleaded guilty to multiple counts of residential break and enter, theft, conspiracy to steal motor vehicles, and possession of property obtained by crime.
The offences were part of "Project Yellowbird" a sophisticated burglary ring targeting affluent Toronto neighbourhoods from late 2013 to August 2014.
The ring stole high-end vehicles, jewelry, electronics, and cash, with losses at individual locations reaching hundreds of thousands of dollars.
Buczel, a first-time offender, appeared to be a central figure in the organization based on phone records and seized property.
Czeranowski had a significant prior record for similar offences.
The court imposed sentences of four years for Buczel and four and a half years for Czeranowski, with credit for pre-sentence custody applied at a 1.5:1 ratio.
The court dismissed the accused's application for a stay of proceedings, finding the 21.5-month delay did not violate section 11(b) of the Charter.
The accused brought a motion for a stay of proceedings pursuant to section 24(1) of the Canadian Charter of Rights and Freedoms, alleging that his right to be tried within a reasonable time under section 11(b) of the Charter had been infringed.
The accused faced charges of impaired driving and driving with a blood-alcohol concentration in excess of the legal limit arising from an incident on December 27, 2010.
The information was sworn on January 4, 2011, and the trial was scheduled for October 19, 2012, resulting in approximately 21.5 months of delay.
The court applied the framework established in R. v. Morin and found that while institutional resource constraints accounted for approximately 9.5 months of delay (within the 8-10 month guideline), the accused had not established sufficient prejudice to warrant a stay of proceedings.
The motion was dismissed.
