Theft and Fraud (Sentencing Cases): Difference between revisions

Latest revision as of 09:39, 15 May 2024

This page was last substantively updated or reviewed January 2024. (Rev. # 93227)

< Sentencing
< Cases

Offence Wording

Punishment for theft

334 Except where otherwise provided by law, every one who commits theft

(a) if the property stolen is a testamentary instrument or the value of what is stolen is more than $5,000, is guilty of
(i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or

(ii) an offence punishable on summary conviction; or

(b) if the value of what is stolen is not more than $5,000, is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 334; R.S., 1985, c. 27 (1st Supp.), s. 43; 1994, c. 44, s. 20; 2019, c. 25, s. 122.

– CCC (CanLII), (DOJ)

Note up: 334

Fraud

380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or

(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction,

where the value of the subject-matter of the offence does not exceed five thousand dollars.

Minimum punishment

(1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1) [fraud^[1]], the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.

Affecting public market

(2) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale to the public is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., 1985, c. C-46, s. 380; R.S., 1985, c. C-46, s. 380; R.S., 1985, c. 27 (1st Supp.), s. 54; 1994, c. 44, s. 25; 1997, c. 18, s. 26; 2004, c. 3, s. 2; 2011, c. 6, s. 2.
[annotation(s) added]

– CCC (CanLII), (DOJ)

Note up: 380 (1), (1.1) and (2)

Theft and Fraud Not Exceeding $5,000

Theft and Fraud Not Exceeding $5,000 (Sentencing Cases)

Fraud over $5,000

Services Fraud

Fraud on the Government (Sentencing Cases)

@@ Line 1: / Line 1: @@
+{{Currency2|January|2024}}
 {{LevelZero}}
 {{HeaderSentCases}}
+{{OffencesBoxMini|Theft}}
 {{OffencesBoxMini|Fraud}}
-==Fraud under $5,000==
+==Offence Wording==
+<div class="mw-collapsible mw-collapsed">
-{{SCaseHeaderFraud}}
+{{quotation2|
+; Punishment for theft
+Except where otherwise provided by law, every one who commits theft
+:(a) if the property stolen is a testamentary instrument or the value of what is stolen is more than $5,000, is guilty of
+::(i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or
+::(ii) an offence punishable on summary conviction; or
+:(b) if the value of what is stolen is not more than $5,000, is guilty
+::(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
+::(ii) of an offence punishable on summary conviction.
-{{SCaseFraud|{{CanLIIR-S|Song|gx66j|2017 ABPC 13 (CanLII)}}{{perABPC|MacDonald J}} | AB| PC| {{CSOM|6}} | $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.}}
+R.S., {{LegHistory80s|1985, c. C-46}}, s. 334;
+R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 43;
+{{LegHistory90s|1994, c. 44}}, s. 20;
+{{LegHistory10s|2019, c. 25}}, s. 122.
+|{{CCCSec2|334}}
+|{{NoteUp|334}}
+}}
-{{SCaseFraud|{{CanLIIRS|Zentner|fr16n|2012 ABPC 94 (CanLII)}}{{perABPC|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}}
+{{quotation2|
+; Fraud
+(1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
+:(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
+:(b) is guilty
+::(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
+::(ii) of an offence punishable on summary conviction,<br>
-{{SCaseFraud|{{CanLIIRPS|Hynes|fqjvh|2012 CanLII 11926 (NL PC)|, [2012] NJ 422 (NLPC)}}{{perNLPC|Gorman J}} |NL|PC | discharge | | fraud x 2, cashed cheques stolen by boyfriend}}
+where the value of the subject-matter of the offence does not exceed five thousand dollars.
+<br>
+; Minimum punishment
+(1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1) {{AnnSec3|380(1)A}}, the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.
+<br>
+; Affecting public market
+(2) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale to the public is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
-{{SCaseFraud|{{CanLIIRS|Bent|1vgv9|2007 NSPC 63 (CanLII)}}{{perNSPC|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. }}
+R.S., {{LegHistory80s|1985, c. C-46}}, s. 380;
+{{LegHistory80s|R.S., 1985, c. C-46}}, s. 380;
+R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 54;
+{{LegHistory90s|1994, c. 44}}, s. 25;
+{{LegHistory90s|1997, c. 18}}, s. 26;
+{{LegHistory00s|2004, c. 3}}, s. 2;
+{{LegHistory10s|2011, c. 6}}, s. 2.
+{{Annotation}}
+|{{CCCSec2|380}}
+|{{NoteUp|380|1|1.1|2}}
+}}
+</div>
-{{SCaseFraud|{{CanLIIRS|Gordon|1h4s5|2004 BCCA 294 (CanLII)}}{{perBCCA|Braidwood JA}}|BC|CA | 20 mo | | {{SummaryPending}}}}
+==Theft and Fraud Not Exceeding $5,000==
+* [[Theft and Fraud Not Exceeding $5,000 (Sentencing Cases)]]
-{{SCaseFraud|{{CanLIIRS|McSween|5g1c|2002 NSSC 225 (CanLII)|, 208 N.S.R.(2d) 377}}{{perNSSC|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|https://www.canlii.org/en/nl/nlca/doc/2012/2012nlca26/2012nlca26.html}} }}
-{{SCaseFraud|''R v Johnson''<br> (1996), 147 N.S.R.(2d) 105 (S.C.){{NOCANLII}} |NS|SC| {{JailM1}} |  $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}}
-{{SCaseFraud|{{CanLIIRP-S|Munroe|1ms4q|1991 CanLII 2485 (NS CA)|, 101 N.S.R.(2d) 360 (C.A.)}}{{perNSCA|Clarke CJ}} |NS|CA| 14 days | $3998| age 18, over several months defrauded employer of $3998}}
-{{SCaseFraud|''R v Brink'',<br> 1983 CarswellBC 1623, [1983] B.C.W.L.D. 2275, [1983] BCJ No. 364{{NOCANLII}} | BC | | discharge | |Offender was a paramedic who stole drugs to feed a narcotics addiction.}}
-{{SCaseEnd}}
 ==Fraud over $5,000==
+* [[Theft and Fraud Over $1,000,000 (Sentencing Cases)]]
+* [[Theft and Fraud Between $100k and $1,000k (Sentencing Cases)]]
+* [[Theft and Fraud Between $5k and $100k (Sentencing Cases)]]
-* [[Fraud Over $500,000 (Sentencing Cases)]]
+==Services Fraud==
-* [[Fraud Between 100k and 500k (Sentencing Cases)]]
+* [[Fraud on the Government (Sentencing Cases)]]
-* [[Fraud Between 5k and 100k (Sentencing Cases)]]
-==Social Services Fraud==
-{{SCaseHeaderFraud}}
-{{SCaseFraud|{{CanLIIR-S|Isaac|25v7h|2009 SKPC 111 (CanLII)}}{{perSKPC|Green J}} |SK|PC| {{CSOM|16}} |$5,720 | welfare fraud}}
-{{SCaseFraud|''R v Collins''<br>2011 OJ No 978, [http://canlii.ca/t/fkdrs 2011 ONCA 182] (CanLII){{perONCA|Rosenberg JA}} |ON|CA |{{JailM|10}} | $96,298.51 |social assistance fraud, where offender was party--67 cheques were obtained--2 years probation ; very large welfare fraud ;sophisticated ; aboriginal offender; on bail for a long time prior to sentencing; was separated from her disabled daughter--one co-accused received 26 months }}
-{{SCaseFraud|{{CanLIIR-S|Keuris|1wn8b|2008 BCSC 480 (CanLII)}}{{perBCSC|Barrow J}} |BC|SC | {{CSOM|6}} | $25k | welfare fraud}}
-{{SCaseFraud|{{CanLIIR-S|Lougheed|1g4qg|2003 BCCA 681 (CanLII)}}{{perBCCA|Southin J}} |BC|CA| 45 days | $6,000| Offender had one prior unrelated conviction for which she got 45 days.}}
-{{SCaseFraud|''R v Rizzetto''<br> (2002), 210 N.S.R. (2d) 67 (C.A.), [http://canlii.ca/t/5g3c 2002 NSCA 142] (CanLII){{perNSCA|Saunders JA}}|NS|CA | {{MaxCSO}} | $137k | social service fraud over 20 years, did not declare correct income--convicted by jury--restitution of $71k.}}
-{{SCaseFraud|{{CanLIIR-S|Yates|5gjf|2002 BCCA 583 (CanLII)}}{{perBCCA|Prowse JA}} | BC|CA| Suspended | $13,124 |{{SummaryPending}} }}
-{{SCaseFraud|''R v D'Amour'',<br> [http://canlii.ca/t/1cskn 2002 CanLII 45015] (ON CA){{perONCA|Doherty JA}} | ON|CA| 90 days + P|  $14,636 | Defraud over 2 years. }}
-{{SCaseFraud|''R v Medeiros'',<br> [http://canlii.ca/t/1cq80 2002 CanLII 45037] (ON CA){{TheCourtONCA}} |ON|CA|  9 month CSO| |{{SummaryPending}}}}
-{{SCaseFraud|{{CanLIIR-S|Oliynyk|4t50|2002 SKCA 37 (CanLII)}}{{perSKCA|Lane JA}} |SK|CA| 10 months + Pr |$157,000 | husband and wife defrauded welfare over 12 years by not reporting wife's income. Described as one of the largest social assistance frauds. Overturned {{CSOM|6}} and 12 months. Judge gave credit time already spent on CSO}}
-{{SCaseFraud|''R v Francis'',<br>[http://canlii.ca/t/1txkf 2000 CanLII 22052] (ON CA){{TheCourtONCA}} | ON|CA| 2 year less a day CSO|  |Welfare fraud over several years. }}
-{{SCaseFraud|{{CanLIIR-S|Hunt|1l86x|2000 SKQB 89 (CanLII)}}{{perSKQB|Goldenberg J}} | SK|SC| {{CSOM|6}}| |{{SummaryPending}}}}
-{{SCaseFraud|{{CanLIIR-S|Anderson-Davis|53wz|2000 BCSC 42 (CanLII}}{{perBCSC|Boyle J}} | BC|SC| {{CSOM|18}}| $136,000|Offender did not reveal large loan. Offender had no prior record. Family and community supports.}}
-{{SCaseFraud|''R v Lawani'',<br>[http://canlii.ca/t/1f9j4 1999 CanLII 3153] (ON CA){{TheCourtONCA}} | ON|CA| suspended| $21,000| Offender plead guilty to 6 counts of fraud under $5,000. }}
-{{SCaseFraud|{{CanLIIR-S|Cameron|5pgz|1999 ABQB 160 (CanLII)}}{{perABQB|Lee J}} | AB|SC| 30 days + P |$17,000 | Offender received welfare and did not disclose income, had also filed false medical reports. Occurred over 5 years. Offender was 61 years old and plead guilty. The judge rejected joint recommendation of {{CSOM|18}}.}}
-{{SCaseFraud|R v McIsaac <br>[1998] BCJ No. 1946, [http://canlii.ca/t/1f71x 1998 CanLII 4654] (BC SC){{perBCSC|Quijano J}} | BC|SC | discharge |  $44,546 | both husband and wife on US disability for serious injuries. Received social assistance at same time.}}
-{{SCaseFraud|''R v Marcelino'', <br>[http://canlii.ca/t/1dxzw 1998 CanLII 5530] (BC CA){{perBCCA|Southin JA}} |BC|CA| 3 month CSO | $9,000|
-Offender received welfare and failed to disclose employment income. }}
-{{SCaseFraud|''R v Russell'', <br>[http://canlii.ca/t/6hhd 1997 CanLII 977] (ON CA){{TheCourtONCA}} |ON|CA| {{JailM|9}} | over $28,000 | Offender received welfare for over 20 months.  He was 26 years old with a prior record for property offences.}}
-{{SCaseFraud|{{CanLIIR-S|Wolfchild|2dd8p|1996 ABCA 78 (CanLII)}}{{perABCA|Hetherington JA}} | AB|CA|60 days | $3902 |{{SummaryPending}}}}
-{{SCaseFraud|''R v Carlson'', <br>[http://canlii.ca/t/1mb3n 1996 CanLII 4936] (SK CA){{perSKCA|Wakeling JA}} |SK|CA |suspended| $17,000| Offender failed to report income to social assistance over several years. Offender was 62 years old and in poor health. But for health issues, jail would have been ordered.}}
-{{SCaseFraud|''R v Reid'', <br>[http://canlii.ca/t/1mqd9 1995 CanLII 4319] (NS CA){{perNSCA|Matthews JA}} |NS|CA| $5,545 | 50 days | OFfender did not disclose he was receiving benefits from insurer from MV accident. Offender appealed sentence of 9 months which court found to be "clearly excessive". Offender was 41 years old with no prior record.}}
-{{SCaseFraud|''R c Gentilletti'', <br>[http://canlii.ca/t/1nm70 1995 CanLII 5087] (QC CA){{TheCourtQCCA}} |QC|CA| {{JailM|10}} | | Offender cashed 7 social assistance cheques.}}
-{{SCaseFraud|''R v Knowles'',<br> [http://canlii.ca/t/1dcxl 1994 CanLII 1912] (BC CA){{perBCCA|Taylor JA}} |BC|CA| Fine |$ 4,200  |Offender received welfare. He did not disclose assets. }}
-{{SCaseFraud|{{CanLIIR-S|Tanasichuk|1mkkl|1994 CanLII 3915 (NB QB}}{{perNBQB|Riordon J}} | NB|SC| {{JailM|6}} | $37,000 |  Offender obtained social assistance over 9 months. He did not disclose that he was living with his partner. He was 26 years old. Had a prior record and was serving 3 year sentence on unrelated offence.}}
-{{SCaseFraud|''R v Friesen'', <br>[http://canlii.ca/t/1dc8w 1994 CanLII 2011] (BC CA){{perBCCA|Taylor JA}} | BC|CA| {{JailM|9}} | over $12,000 | Offender collected welfare over 5 years. Did not disclose her other income.  She had a prior related record and had a history of dishonesty.}}
-{{SCaseFraud|''R v Wilton'',<br>(1991), 93 Sask. R. 184{{NOCANLII}} | SK| CA| {{JailM|5}} | | Offender filed false documents to permit employee to receive unemployment insurance benefits. No prior record.}}
-{{SCaseFraud|{{CanLIIR-S|Roche|fsxnf|1990 CanLII 6483 (NL CA}}{{perNLCA|Goodridge CJ}} | NL|CA| 1 month + fine | over $10,000 | Offender received UIC payments over three weeks. A total of 13 people were involved in similar schemes.}}
-{{SCaseFraud|''R v Pelley'',<br> [http://canlii.ca/t/fsxrl 1990 CanLII 6495] (NL CA){{perNLCA|O'Neill JA}} | NL|CA| 6 months|  $100,000 | UIC benefits. Offender was mastermind. Appeal from sentence of 1 day + fine.}}
-{{SCaseFraud|{{CanLIIR-S|Francis|fsxp0|1990 CanLII 6485 (NL CA}}{{perNLCA|Mahoney JA}} | NL|CA| 30 days + P | |
-The offender was chief of a native council. Offender issued a false record of employment. The offender did not benefit personally, however, he was in a position of trust.}}
-{{SCaseFraud|{{CanLIIR-S|Bingham|2djvd|1986 ABCA 45 (CanLII)}}{{perABCA|Forsyth JA}} | AB|CA| {{JailM|4}} | $4,000 |Offender defrauded student loan program. Used money to support children.}}
-{{SCaseFraud|Paiero <br>(1986), 71 N.S.R.(2d) 268 {{NOCANLII}} | NS|CA|  Suspended |  | Appeal from suspended sentence with 30 months probation. No restitution order. }}
-{{SCaseFraud|{{CanLIIR-S|Cahill|2dk10|1986 ABCA 7 (CanLII)}}{{perABCA|McClung JA}} | AB|CA| {{JailY|3}} |$63,000 |
-The offender committed welfare fraud over 3 years. The offender was 40 years old. Plead guilty. Sophisticated scheme.}}
-{{SCaseFraud|R v McMahon<br> [1983] BCJ No. 769 (C.A.){{NOCANLII}}| BC|CA| {{JailM|7}} | $395 | applied for social assistance on fake identity. The offender was aged 24. Was trying to support a partner.}}
-{{SCaseFraud|''R v Kemp''<br>[1981] BCJ No. 446 (C.A.){{NOCANLII}}|BC|CA| 90 days | $2,600 | offender collected welfare after getting a job. The offender was supporting 10-year-old daughter. 180 hours community service}}
-{{SCaseFraud|''R v Kranjc''<br> [1980] OJ No 775 (C.A.){{NOCANLII}} |ON|CA| {{JailM|5}} | $7,344 | fraudulently collected benefits for an eye injury already collected upon}}
-{{SCaseFraud|R v Kirkwood <br> [1978] BCJ No. 612 (C.A.){{NOCANLII}} |BC|CA| {{JailM|9}} | $7,300 | defraud welfare over 3 months--offender was 33 years old with no record}}
-{{SCaseEnd}}
-==Tax  Fraud==
-{{SCaseHeaderFraud}}
-{{SCaseFraud|{{CanLIIR-S|Tennina|fzs6b|2013 ONSC 4694 (CanLII)}}{{perONSC|Gilmore J}} |ON|SC| {{JailY|10}} |$17 million | elaborate tax evasion scheme}}
-{{SCaseFraud|{{CanLIIR-S|Kutum|fxc4f|2013 ONCJ 241 (CanLII)}}{{perONCJ|Schwarzl J}} |ON|PC| {{JailY|2}} | $1 million |tax evasion}}
-{{SCaseFraud|{{CanLIIR-S|Stevenson|507v|2002 ABCA 41 (CanLII)}}{{TheCourtABCA}} | AB|CA| {{JailY|3}} | $1,307,800 |{{SummaryPending}}}}
-{{SCaseEnd}}
-==Bankruptcy Fraud==
-{{SCaseHeaderFraud}}
-{{SCaseFraud|{{CanLIIR-S|Yaremkevich|5gfc|2002 ABPC 174 (CanLII)}}{{perABPC|Allen J}} | AB| PC| | $1,000 fine | Charged under BIA. Summary election.  }}
-{{SCaseFraud|R v Levac‑Barton,<br>[2001] OJ No 5200 (Ont. Sup. Crt.){{NOCANLII}}| ON|SC| |$2,000 fine |{{SummaryPending}}}}
-{{SCaseFraud|''R v Baines'', <br>[1989] BCJ No. 372 (BCCA){{NOCANLII}}| BC|CA| |90 days |{{SummaryPending}}}}
-{{SCaseFraud|R v Sonntag <br>(1989) 8 W.C.B. (2d) 32 (Ont. Dist. Ct.){{NOCANLII}}| ON| SC| |Suspended Sentence  |{{SummaryPending}} }}
-{{SCaseFraud|R v Laschuk <br>[1988] BCJ No. 99. (BCCA){{NOCANLII}}| BC|CA| |90 days |{{SummaryPending}} }}
-{{SCaseFraud|''R v Langille'',<br> [1986] 60 C.B.R. (NS) 55 (NSCA) {{NOCANLII}}|NS|CA| |{{JailM|4}} |{{SummaryPending}} }}
-{{SCaseEnd}}
+<!--
 ==Unpublished==
@@ Line 164: / Line 94: @@
 ==References==
 {{reflist|2}}
+-->
 ==See Also==
 * [https://www.dollartimes.com/inflation/inflation.php Online Inflation Calculator]
+* [[Obtaining Property by False Pretences (Sentencing Cases)]]
+* [[Possession of Stolen Property (Sentencing Cases)]]
+* [[Obtaining Property by False Pretences (Sentencing Cases)]]
+* [[Break and Enter (Sentencing Cases)]]