Brandon Sun - PRINT EDITION
The seller’s nickname should have been the first clue that the buyer was dealing stolen goods.
Defence lawyer Stephanie Harland said Dwayne Edward Peters was “willfully blind” to the probability that the cellphone he was buying was stolen.
“Willful blindness is an understatement if you’re dealing with a guy named Burglar Bob,” Judge Shauna Hewitt-Michta remarked during sentencing.
Peters, who pleaded guilty to possession of stolen property, had been held at the Brandon jail on another matter.
When he was arrested on Nov. 10, he had an iPhone that turned out to have been stolen from a Minnedosa store on Aug. 6-7.
Peters told police that he’d bought the phone for $150 from a person known as “Burglar Bob” in Portage la Prairie. The phone was new and still in the box.
Harland said Peters didn’t have a phone and didn’t have the money to pay the full legitimate price for one.
He was under pressure from his employer to get a phone and the iPhone was popular with coworkers so he bought one when he got the chance.
Peters didn’t realize at the time that he was dealing with a guy named Burglar Bob, Harland said. He only learned the seller’s dubious moniker later.
Peters did ask whether the phone was stolen and was told no, but Harland acknowledged that wasn’t a sufficient effort to determine if the phone had been stolen.
Peters, 24, was sentenced to 30 days jail, minus 10 days pre-sentence custody. He also remains in custody on an unrelated matter.
» ihitchen@brandonsun.com
Republished from the Brandon Sun print edition January 19, 2013
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The seller’s nickname should have been the first clue that the buyer was dealing stolen goods.
Defence lawyer Stephanie Harland said Dwayne Edward Peters was “willfully blind” to the probability that the cellphone he was buying was stolen.
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The seller’s nickname should have been the first clue that the buyer was dealing stolen goods.
Defence lawyer Stephanie Harland said Dwayne Edward Peters was “willfully blind” to the probability that the cellphone he was buying was stolen.
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