By Ashley Legassic

Kamloops criminal loses appeal of 18-month sentence

Apr 9, 2019 | 2:25 PM

KAMLOOPS — Jason Robertson will be heading back to prison after a failed appeal to his 18-month sentence.

Robertson and his wife were charged with several offences following a police search of their home nearly five years ago. Officers discovered stolen and improperly stored firearms and stolen property during a search warrant execution in May 2014.

In November 2016, the trial judge for Robertson and his wife found that parts of the search resulted in their Charter rights being breached.

Charges against Robertson’s wife were stayed, and although Robertson was originally charged with dozens of offences after the search, after a lengthy legal proceeding he was convicted of seven counts and given an 18-month sentence.

Shortly after he was sentenced, Robertson launched an appeal and was released on bail until a decision was made.

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Robertson said in his appeal that the trial judge erred in her decision by not taking into account the breach of his wife’s Charter rights and by finding that he was willfully blind that two commemorative rifles in his possession were stolen.

However, three B.C. Court of Appeal judges dismissed the appeal, saying evidence of the Charter rights factors was properly admitted, and that the trial judge did not err in applying the doctrine of willful blindness to her decision. 

Read the full decision here.