Theft and Fraud Not Exceeding $5,000 (Sentencing Cases)
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Offence Wording
Fraud Not Exceeding $5,000
| Case Name | Pr | Ct | Sentence | Amount | Summary |
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| R v Song, 2017 ABPC 13 (CanLII), per MacDonald J | AB  |
PC | 6 months CSO | $5,000 approx | The offender pleaded guilty to fraud under $5,000 in relation to 16 instances of making fraudulent refunds while working at Hudson's Bay department store. Find summaries of case. |
| R v Harbour, 2017 QCCA 204 (CanLII) | QC  |
CA | 6 months suspended sentence | $1,870 | Find summaries of case. |
| R v Cain, 2016 NSPC 54 (CanLII) | NS  |
PC | 3 months | $3,617 | "the offender received a custodial sentence of 3 months for unlawful use of a credit card and fraud under. The offender was the care worker for the elderly victim. The total loss was $3,617." Find summaries of case. |
| R v Antle, 2016 CanLII 1516 (NL PC), {{{4}}} |
NL  |
PC | $423.75 | ||
| R v Murdoch, 2015 NBCA 38 (CanLII), 440 NBR (2d) 7, per Drapeau CJ |
NB  |
CA | 90 days | $1,555 | Find summaries of case. |
| R v Girdea, 2014 ONCJ 128 (CanLII), per Nadel J | ON  |
PC | Find summaries of case. | ||
| R v Sutherland, 2014 CanLII 37667 (NLPC), , [2011] NJ No. 64 (P.C.), per Gorman J |
NL |
PC | 4 months CSO | Find summaries of case. | |
| R v Weatherbee, 2014 SKPC 196 (CanLII), per J | SK  |
PC | Find summaries of case. | ||
| R v Dwyer, 2014 CanLII 71476 (NL PC), per Marshall J | NL |
PC | |||
| R v Wright, 2013 ABCA 428 (CanLII), per curiam | AB |
CA | $200 fine | Find summaries of case. | |
| R v Zentner, 2012 ABPC 94 (CanLII), per Krinke J | AB |
PC | discharge | $4,999 | offender was a funeral director who was selling cremation containers and caskets but cut corners by using a different product from what was sold Find summaries of case. |
| R v Hynes, 2012 CanLII 11926 (NLPC), [2012] NJ 422 (NLPC), per Gorman J |
NL |
PC | discharge | fraud x 2, cashed cheques stolen by boyfriend Find summaries of case. | |
| R v CC, 2012 CanLII 16721 (NLPC), per Gorman J | NL |
PC | Suspended Sentence | Find summaries of case. | |
| R v Reid, 2012 CanLII 25696 (NLPC), per Gorman J | NL |
PC | 2 months CSO | The offender stole clothing on two dates--prior related record with prior CSO Find summaries of case. | |
| R v DWJ, 2012 BCPC 15 (CanLII), per Brecknell J | BC  |
PC | 12 months CSO | also charged with 5 breaches; over 100 prior convictions Find summaries of case. | |
| R v Edmunds, 2012 NLCA 26 (CanLII), per White JA | NL |
CA | discharge | guard at jail steals from employer--diagnosed with depression--heard in mental health court Find summaries of case. | |
| R v Hoyles, 2011 CanLII 54409 (NL PC) | NL |
PC | Conditional Discharge | Find summaries of case. | |
| R v Day, 2011 CanLII 8588 (NLPC), per Gorman J | NL |
PC | Absolute Discharge | Find summaries of case. | |
| R v Bjarnason, 2011 CanLII 67010 (MBCA), per Moar JA | MB  |
CA | 4 months CSO | $4,250.56 | Find summaries of case. |
| R v Douab, 2009 QCCQ 5734 (CanLII) | QC |
PC | 4 months imprisonment | Find summaries of case. | |
| R v Rockett, 2009 PECA 7 (CanLII), 873 APR 247, per Murphy JA |
PEI | CA | 5 years (fraud not exceeding x 15) | Find summaries of case. | |
| R v Green, 2008 MBPC 15 (CanLII), per Pollack J | MB |
PC | "The offender defrauded her employer of $4,400 through a series of seven transactions over 16 days. The offender was 39 years old with 4 children and an unemployed husband. Her rent and heating bills were in arrears. The motive for the crime was “debt management”. The learned sentencing judge imposed a conditional sentence order of 6 months followed by two years of probation." (Quoting from R v Gliddon, 2017 ABPC 38 (CanLII)), at para 57
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| R v Bent, 2007 NSPC 63 (CanLII), per C Williams J | NS |
PC | 9 month CSO | Offender defrauded employer over many months. Breached trust. Had help of a 3rd party. No prior record. Restitution Order. Find summaries of case. | |
| R v Gray, 2007 NBCA 54 (CanLII), 2006 CarswellNB 808, per curiam |
NB |
CA | 6 months CSO | theft of 25 Oxycodone. The offender gave a confession and stated that she was considering selling some. Crown sought 6 to 9 months jail. Defence sought shorter CSO. Leave to appeal refused. Find summaries of case. | |
| R v McLeod, 2007 YKTC 39 (CanLII), per Ruddy J | YK | SC | 9 months after 2 mo remand | lengthy property-related record; unhelpful PSR; 6 thefts; 1 possession; 1 breach; theft to support habit Find summaries of case. | |
| R v Hicks, 2007 NLCA 41 (CanLII), per J | NL |
CA | Find summaries of case. | ||
| R v Kashuba, 2006 SKCA 103 (CanLII), per Richards JA | SK |
CA | |||
| R v Gordon, 2004 BCCA 294 (CanLII), per Braidwood JA | BC |
CA | 20 months imprisonment | Find summaries of case. | |
| R v Callaghan, 2003 NSSC 16 (CanLII), per Robertson J | NS |
SC | Absolute Discharge | Find summaries of case. | |
| R v McSween, 2002 NSSC 225 (CanLII), per LeBlanc J | NS |
SC | discharge | The offender was charged with fraud under $5,000. " McSween held himself out as a dispensing pharmacist and asked a pharmacist at another pharmacy to provide him with Dilaudid tablets, claiming his pharmacy had run out of the drugs and that a customer required them. McSween had a drug addiction and the drugs were for his personal use. As in this case, McSween voluntarily sought treatment for his addiction, pleaded guilty and had no prior criminal record. " [Source] Find summaries of case. | |
| R v Hartz, 2002 ABCA 108 (CanLII), per Paperny JA | AB |
CA | 18 months imprisonment | $123,860 | Find summaries of case. |
| R v Schell, 2002 ABQB 382 (CanLII), per Lee J and 2002 ABQB 439 (CanLII), per Lee J | AB |
SC | discharge | possession of stolen property; stereo equipment Find summaries of case. | |
| R v Whitemanleft, 2000 ABPC 68 (CanLII), per Fraser J | AB |
PC | 3 months imprisonment (after remand) | possess doctors’ prescription forms; $300+ merchandise Find summaries of case. | |
| R v Ryan, 1999 CanLII 32453 (NB KB), per Rideout J | NB |
SC | |||
| R v Prowse, 1998 CanLII 18024 (NL CA), per Mahoney JA | NL |
CA | discharge | offender stole a generator--appealed $500 fine Find summaries of case. | |
| R v Johnson, (1996), 147 N.S.R.(2d) 105 (S.C.)(*no CanLII links) | NS |
SC | 1 month imprisonment | $4000 | offender was admissions officer at correctional facility; handled payment of fines; on 9 occasions over 6 years stole $4000; offender age 45, no record, breach of public trust
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| R v Caron, 1996 CanLII 7024 (SK KB) | SK |
SC | |||
| R v Galaugher, 1996 CanLII 18243 (MB CA), per Lyon J | MB |
CA | Find summaries of case. | ||
| R v Berry, 1993 ABCA 376 (CanLII), per Irving JA | AB |
CA | 18 months imprisonment | Find summaries of case. | |
| R v Larmer, 1993 CanLII 6616 (SK CA) | SK |
CA | |||
| R v Stewart, 1993 CanLII 6606 (SK CA), per Vancise JA | SK |
CA | |||
| R v Dahlin, 1992 CanLII 1204 (BCCA), per McEachern CJ | BC |
CA | 6 months imprisonment | 5 thefts; long but dated criminal record; original judge gave 12 months Find summaries of case. | |
| R v Munroe, 1991 CanLII 2485 (NSCA), , 101 N.S.R.(2d) 360 (CA), per Clarke CJ |
NS |
CA | 14 days | $3998 | age 18, over several months defrauded employer of $3998 Find summaries of case. |
| R v Brink, 1983 CarswellBC 1623, [1983] B.C.W.L.D. 2275, [1983] BCJ No 364(*no CanLII links) | BC |
discharge | Offender was a paramedic who stole drugs to feed a narcotics addiction.
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| R v Geddes, 1979 CanLII 2854 (MB CA), per J | MB |
CA | Find summaries of case. | ||