Article 8-23-19: Yaniv charged with Weapons Possession - Due in Surrey Provincial Court 12-5-19

Well in the UK it seems like there's an element of political bias going on. Case is inconvenient to the establishment? Reporting restriction will be issued, comments closed journos warned off. Case is convenient to the establishment? No reporting restriction, journalists will write articles saying how the accused is scum and deserves to be severely punished and shout questions like 'Are you getting what you deserve' as they enter court, comments will be open.

Reporting restrictions on sub judice cases seems reasonable, until you realise how much they can be exploited to keep some cases out of the media and have the media talk endlessly about others.
Honestly, they probably know the comments will be a shitshow of people yelling at each other and want to head that shit off at the pass. I've found that a lot of news outlet websites disable comments these days for anything that isn't like, the daily feel good story about the abused puppy that found a new home. I had just assumed they didn't want to be bothered with providing a conversation platform in this case. Just the news.
 
Thanks...I question exactly what he's charged with? The Cops came for the tasers (2) & found Bear spray & other items. He also mentioned the CP that "someone" just sent him...So is he charged with 1 taser? or multiple offenses?...In the states there will be a public court docket that will list all charges one is appearing before the judge for...Anything similar in Canada?
What they have posted online only goes one day out. You have to call the courts probably to find out more.
 
JY doesn't know how to fake using medical equipment properly so I'm predicting he comes in wearing a blood pressure cuff and pulling an IV pole that isn't connected to anything.
Nothing short of a hospital bed hooked up to a drip will do for me now, mama huffing and puffing as she pushes everyone out the way.
 
Hopefully it will involve one of his slow-motion faints.
Now the question is will he make it to the court date 3 & a half months out?...Or reach critical mas & detonate prior to that?...It's just been over a month since the pub ban was removed & look at the shitstorm...... I'll lay 25:1 he's dug a way deeper hole with many more charges (if not institutionalized) prior to his court date.
 
I hate to be pedantic, but I want to clarify this. Misdemeanors are similar to summary offences. Felonies to indictable offences. For most indictable offences, the accused may choose to be tried by judge and jury as opposed to judge alone for summary offences.

In Yaniv's case, I would guess that because the weapon is not a firearm and because he did not use said weapon to commit a crime he would only be charged with a summary offence. He would probably be banned from possessing weapons and maybe another condition or two but expecting any jail time is unrealistic.

Here is a screenshot of the applicable code:
View attachment 904313
Honestly - I don't really expect he'll get jail time either, but maybe Christmas will come early and I'll be surprised. Code says if he's got them, he's guilty of both summary/indictable.

Guess it depends on the Crown and the judge. Threats are in the Code too and he was waving that thing around clearly letting us all know he'll zap anyone who gets in his way and he's also been violent. A mean judge with no tolerance for bullshit might get him some months. I can hope...

Being Canadian I don't keep up on my misdemeanor vs felony know how, so I learned a thing today, thanks!
 
I bet he has a "seizure" in court, just before or right after the proceeding begins. And I will definitely take the over on the medical devices.

We must also consider the possibility that he won't show at all because the wahmbulance picked him up at home that morning.

Edit - Just realized I am late and @SourDiesel made a similar prediction. Still, it is where I will put my money if anyone will make book.
 
I bet he has a "seizure" in court, just before or right after the proceeding begins. And I will definitely take the over on the medical devices.

We must also consider the possibility that he won't show at all because the wahmbulance picked him up at home that morning.

Edit - Just realized I am late and @SourDiesel made a similar prediction. Still, it is where I will put my money if anyone will make book.
There's bound to be some sort of medical drama without a doubt, it's how dramatic it's going to be that holds my interest - the full yaniv ambulance scenario we've all come to know and love or perhaps a touch of the BCHRT where he'll bravely soldier on despite an ambulance crew attending and mama's protestations.

We should have a sweepstake on the go.
 
Seconding the guess on him having a medical emergency the day on or before the court date. Although I do wonder if this could push him into more severe munch territory. I could see him freaking out about big boy court and going to drastic measures to put himself in the hospital to avoid/delay things.
 
The way I see it, barring he gets Form 1'd (MHA involuntary detention) in the meantime, the Crown will petition for a fitness assessment. Now it might only be a quickie, but if they do ask for it, I'm betting that it'll be a full-on 30-day streak at Colony Farm.

Firearms offences have a one-year mandatory minimum in BC. The pertinent areas of concern for the Crown would be
  • the accused has a history which demonstrates a continuing risk to public safety
  • the accused was motivated to target identifiable members or groups of the public, including rival gang members or other criminals
  • extortion using a firearm

Any decision not to proceed on a section 85 charge in that manner should be made only in exceptional circumstances, and with the approval of a Regional Crown Counsel, Director, or their respective deputy. When exceptional circumstances are relied upon as the basis for making a decision under this policy, the reasons for the decision must be recorded on the file by the assigned Crown Counsel.

the court is aware that section 85 sentences imposed in the same criminal proceedings run consecutively to one another, as well as to the underlying offence, pursuant to section 85(4).

Screenshot 2019-08-23 at 230059H.jpg

So, these offences will be Consecutive, not Concurrent (most summary offences are concurrent) and it has a mandatory minimum of 12 months. We are virtually guaranteed to get a 30-day Fitness Assessment, especially considering the severity and the publicity. The troon is screwed, he'll either be treated just like anybody else, in which case he'll get 12-months hard time.

Or he'll get remanded for assessment, in which case we have a lot of laughs in the queue. Do your research, don't speculate, please.
 
The way I see it, barring he gets Form 1'd (MHA involuntary detention) in the meantime, the Crown will petition for a fitness assessment. Now it might only be a quickie, but if they do ask for it, I'm betting that it'll be a full-on 30-day streak at Colony Farm.

Firearms offences have a one-year mandatory minimum in BC. The pertinent areas of concern for the Crown would be
  • the accused has a history which demonstrates a continuing risk to public safety
  • the accused was motivated to target identifiable members or groups of the public, including rival gang members or other criminals
  • extortion using a firearm






So, these offences will be Consecutive, not Concurrent (most summary offences are concurrent) and it has a mandatory minimum of 12 months. We are virtually guaranteed to get a 30-day Fitness Assessment, especially considering the severity and the publicity. The troon is screwed, he'll either be treated just like anybody else, in which case he'll get 12-months hard time.

Or he'll get remanded for assessment, in which case we have a lot of laughs in the queue. Do your research, don't speculate, please.

Yaniv isn't even close to meeting the threshold to be not criminally responsible by reason of mental disorder (NCRMD). Neither the defence nor the Crown are going to argue that.

The Mental Health Act criteria for certification is a much lower bar, but it has nothing to do with the criminal law system.

He was charged over a prohibited weapon, but not a firearm. Weapons offences in the Criminal Code of Canada are very broad to allow for large ranges in sentencing, so even if a firearm or taser could involve the same Code section, the sentencing won't be the same. For possession of an illegal firearm, in BC an offender would actually be looking at three years generally. For a taser, I'd be quite surprised if he gets any jail time at all, as a first offender.
 
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