Breach of Public Trust (Sentencing Cases): Difference between revisions
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{{SCase1|R v Spindor,<br> [http://canlii.ca/t/gw1h7 2016 BCPC 396] (CanLII){{perBCPC|Harris J}} | discharge | The offender was a peace officer who stole a small amount of money from his employer. }} | {{SCase1|''R v Spindor'',<br> [http://canlii.ca/t/gw1h7 2016 BCPC 396] (CanLII){{perBCPC|Harris J}} | discharge | The offender was a peace officer who stole a small amount of money from his employer. }} | ||
{{SCase1|R v Fillier, <br>[http://canlii.ca/t/grtbb 2016 CanLII 30471] (NL PC){{perNLPC|Linehan J}}| 120 day (theft over)<br>90 days (trust) | The offender was convicted of theft over $5,000 and breach of public trust. She was an administrator of the provincial court of Happy Valley-Goose Bay. She stole $37,240.97 of money that was paid as fines. The judge also ordered restitution and 1 year probation. }} | {{SCase1|''R v Fillier'', <br>[http://canlii.ca/t/grtbb 2016 CanLII 30471] (NL PC){{perNLPC|Linehan J}}| 120 day (theft over)<br>90 days (trust) | The offender was convicted of theft over $5,000 and breach of public trust. She was an administrator of the provincial court of Happy Valley-Goose Bay. She stole $37,240.97 of money that was paid as fines. The judge also ordered restitution and 1 year probation. }} | ||
{{SCase1|R v Rudge, <br>[http://canlii.ca/t/g2lwx 2014 ONSC 241] (CanLII){{perONSC|Hambly J}}| 4 years | Police officer leaks confidential police documents to local chapter of the hells angels}} | {{SCase1|''R v Rudge'', <br>[http://canlii.ca/t/g2lwx 2014 ONSC 241] (CanLII){{perONSC|Hambly J}}| 4 years | Police officer leaks confidential police documents to local chapter of the hells angels}} | ||
{{SCase1| R v Taylor,<br>[http://canlii.ca/t/fs8n9 2012 SKQB 292] (CanLII){{perSKQB|Scheibel J}} | 12 months (trust) | guard smuggling drugs into jail}} | {{SCase1| ''R v Taylor'',<br>[http://canlii.ca/t/fs8n9 2012 SKQB 292] (CanLII){{perSKQB|Scheibel J}} | 12 months (trust) | guard smuggling drugs into jail}} | ||
{{SCase1| R v Cook,<br>[http://canlii.ca/t/2czk3 2010 ONSC 5016] (CanLII){{perONSC|Hill J}}, see also 2010 ONSC 4534 | 4 years (trust) | police officer took drug evidence for resale}} | {{SCase1| ''R v Cook'',<br>[http://canlii.ca/t/2czk3 2010 ONSC 5016] (CanLII){{perONSC|Hill J}}, see also 2010 ONSC 4534 | 4 years (trust) | police officer took drug evidence for resale}} | ||
{{SCase1|R v Anderson,<br> 2009 CarswellNfld 240 (NLTD){{NOCANLII}} | 15 months (forgery)<br> 9 months (trust) | The offender plead guilty to forgery and breach of public trust. He has a Member of the House of Assembly and stole approximately $60,000.}} | {{SCase1|''R v Anderson'',<br> 2009 CarswellNfld 240 (NLTD){{NOCANLII}} | 15 months (forgery)<br> 9 months (trust) | The offender plead guilty to forgery and breach of public trust. He has a Member of the House of Assembly and stole approximately $60,000.}} | ||
{{SCase1|R v Gyles, <br> [http://canlii.ca/t/1qh22 2003 CanLII 53665] (ON SC){{perONSC|Wein J}} | | "The Court sentenced the accused to two and a half years in a penitentiary on charges of breach of trust and corruption by government officials. Although he had no criminal record in similar matters and was suffering from health problems, he expressed no remorse, did not recognize his responsibility and, because of the lack of explanation for his actions, simple greed was presumed to be the recurring theme." [https://www.canlii.org/en/qc/qccq/doc/2015/2015qccq8910/2015qccq8910.html]}} | {{SCase1|''R v Gyles'', <br> [http://canlii.ca/t/1qh22 2003 CanLII 53665] (ON SC){{perONSC|Wein J}} | | "The Court sentenced the accused to two and a half years in a penitentiary on charges of breach of trust and corruption by government officials. Although he had no criminal record in similar matters and was suffering from health problems, he expressed no remorse, did not recognize his responsibility and, because of the lack of explanation for his actions, simple greed was presumed to be the recurring theme." [https://www.canlii.org/en/qc/qccq/doc/2015/2015qccq8910/2015qccq8910.html]}} | ||
{{SCase1| R v Ryan,<br>[http://canlii.ca/t/2bmfj 2004 NSSC 173] (CanLII){{perNSSC|Goodfellow J}} aff'd [http://canlii.ca/t/1hzbn 2004 NSCA 115] (CanLII){{perNSCA| Saunders JA}} | trust (4 years) | police officer dealing in marijuana}} | {{SCase1| ''R v Ryan'',<br>[http://canlii.ca/t/2bmfj 2004 NSSC 173] (CanLII){{perNSSC|Goodfellow J}} aff'd [http://canlii.ca/t/1hzbn 2004 NSCA 115] (CanLII){{perNSCA| Saunders JA}} | trust (4 years) | police officer dealing in marijuana}} | ||
{{SCase1| R v Hewitt,<Br>[http://canlii.ca/t/1gvlp 2004 NLSCTD 65] (CanLII), 2004 CarswellNfld 92 (NLTD){{perNLSC| Handrigan J}}| 9 months CSO (global) | The offender pleaded guilty to theft, forgery and breach of public trust. She was a town clerk and stole around $30,000. }} | {{SCase1| ''R v Hewitt'',<Br>[http://canlii.ca/t/1gvlp 2004 NLSCTD 65] (CanLII), 2004 CarswellNfld 92 (NLTD){{perNLSC| Handrigan J}}| 9 months CSO (global) | The offender pleaded guilty to theft, forgery and breach of public trust. She was a town clerk and stole around $30,000. }} | ||
{{SCase1|R v Lawson,<br>2001 CarswellOnt 1428, [2001] O.J. No. 1562{{NOCANLII}}| 16 month CSO (global)| Offender was a police officer who assisted in transporting prisoners. Used position to touch 19 year old female prisoner who gave him oral sex in exchange for cigarettes, differential treatment, and assistance in escaping.}} | {{SCase1|''R v Lawson'',<br>2001 CarswellOnt 1428, [2001] O.J. No. 1562{{NOCANLII}}| 16 month CSO (global)| Offender was a police officer who assisted in transporting prisoners. Used position to touch 19 year old female prisoner who gave him oral sex in exchange for cigarettes, differential treatment, and assistance in escaping.}} | ||
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