A man who was busted stealing a bait car in Surrey in 2011 will continue to do federal time.
David Robert Marc Lawson, 33, appealed his three-year sentence, arguing that it was outside the typical range for such crimes.
He asked the B.C. Court of Appeal to reduce his sentence to two years less a day, which is provincial time, but his request was denied.
"In my view, this sentence is not outside the range and was entirely fit in all circumstances," Justice Anne MacKenzie decided. Justices Lance Finch and Nicole Garson agreed.
Lawson had pleaded guilty on Valentines Day to auto theft. He'd also been charged with dangerous driving, but that charge was stayed.
Judge Peder Gulbransen sentenced Lawson to 29 months in jail on top of the seven he'd already served.
Lawson stole a bait car in Surrey on Oct. 6, 2011. Police disabled the car after he blew through two intersections. He got out, ran, and was arrested. Lawson told the police they'd got the wrong guy, but the bait car's video proved otherwise.
The Crown sought a sentence of three years while the defence argued for a conditional sentence, or house arrest. Gulbransen noted Lawson has a long criminal record and had been subject to conditional sentences before but didn't complete any of them.
"I am afraid I have to say that it is almost certain that if he is released on a conditional sentence, this man will commit another crime. It is just a matter of time," Gulbransen determined.
"In my view, the Crown has taken a very moderate position in terms of sentence," he added. "Frankly, a person with this kid of record, had he not been an aboriginal or not had the clear intelligence and ability that this man has, he would have gotten longer sentences a long time ago."