Forgery (Sentencing Cases): Difference between revisions

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 {{SCase1|''R v Burke'',<br> 2016 NLTD 135{{NOCANLII}} | 12 months | The offender was convicted at trial of fraud, forgery and uttering forged documents. "Mr. Burke, who was a real estate agent, engaged in a 'complex and sophisticated scheme', in which he created eight false Purchase and Sale Agreements for real estate.  From 2009 until 2011 he used those agreements and other forged documents to obtain advances on his real estate commissions.  As the scheduled closing dates arrived, there were false amending agreements, creating new fictitious closing dates.  Eventually, ... “detection was inevitable”.  The total monies advanced was $65,331.12, of which $35,821.85 (exclusive of interest) remained outstanding at the time of sentencing." [https://www.canlii.org/en/nl/nlsctd/doc/2017/2017canlii81318/2017canlii81318.html] The offence was considered a "serious and deliberate breach of trust".}}
-{{SCase1|''R v Escott'', <br> [http://canlii.ca/t/gr5vh 2016 CanLII 24770] (NL PC){{perNLPC|Linehan J}} | suspended sentence | "Mr. Escott, who was the president of a local bowler’s association, forged the signature of the association’s treasurer to eight cheques, totalling more than $50,000.  There was no associated fraud involved, the cheques involved legitimate expenditures and Mr. Escott did not financially benefit from the forgeries.  The matter came to light, however, when a number of cheques were returned by the bank, as there were insufficient funds in the association’s account. Mr. Escott’s actions damaged the reputation of the association and ... constituted a “serious breach of trust”.  As against this aggravating factor, Mr. Escott entered a guilty plea, made an early admission to police and had no prior criminal record." [https://www.canlii.org/en/nl/nlsctd/doc/2017/2017canlii81318/2017canlii81318.html]}}
+{{SCase1|''R v Escott'', <br> [http://canlii.ca/t/gr5vh 2016 CanLII 24770] (NL PC){{perNLPC|Linehan J}} |  {{Suspended}}  | "Mr. Escott, who was the president of a local bowler’s association, forged the signature of the association’s treasurer to eight cheques, totalling more than $50,000.  There was no associated fraud involved, the cheques involved legitimate expenditures and Mr. Escott did not financially benefit from the forgeries.  The matter came to light, however, when a number of cheques were returned by the bank, as there were insufficient funds in the association’s account. Mr. Escott’s actions damaged the reputation of the association and ... constituted a “serious breach of trust”.  As against this aggravating factor, Mr. Escott entered a guilty plea, made an early admission to police and had no prior criminal record." [https://www.canlii.org/en/nl/nlsctd/doc/2017/2017canlii81318/2017canlii81318.html]}}
-{{SCase1|''R v Fitzpatrick'',<br> [http://canlii.ca/t/fwvxr 2005 NLTD 76] (CanLII){{perNLSC|Goulding J}} | suspended sentence | "the offender pled guilty to forgery and fraud under $5,000.  Mr. Fitzpatrick created a bank account in the name of a deceased relative and used it to withdraw or borrow money from the bank.  Goulding, J. accepted the Crown’s recommendation of a suspended sentence and two years’ probation." [https://www.canlii.org/en/nl/nlsctd/doc/2017/2017canlii81318/2017canlii81318.html]}}
+{{SCase1|''R v Fitzpatrick'',<br> [http://canlii.ca/t/fwvxr 2005 NLTD 76] (CanLII){{perNLSC|Goulding J}} |  {{Suspended}}  | "the offender pled guilty to forgery and fraud under $5,000.  Mr. Fitzpatrick created a bank account in the name of a deceased relative and used it to withdraw or borrow money from the bank.  Goulding, J. accepted the Crown’s recommendation of a suspended sentence and two years’ probation." [https://www.canlii.org/en/nl/nlsctd/doc/2017/2017canlii81318/2017canlii81318.html]}}
-{{SCase1|''R v Chukwu'', <br>[http://canlii.ca/t/fmd74 2011 ONSC 2216] (CanLII){{perONSC|Kiteley J}} | 6 months (counterfeit and forgery) | The offender plead guilty to possession of a counterfeit mark and one count of knowingly using a forged document relating to forged passport and driver's licence. Also convicted for the importation of cocaine.}}
+{{SCase1|''R v Chukwu'', <br>[http://canlii.ca/t/fmd74 2011 ONSC 2216] (CanLII){{perONSC|Kiteley J}} | {{JailM|6}} (counterfeit and forgery) | The offender plead guilty to possession of a counterfeit mark and one count of knowingly using a forged document relating to forged passport and driver's licence. Also convicted for the importation of cocaine.}}
 {{SCase1|''R v Sanborn'',<br> [http://canlii.ca/t/fm6lh 2011 BCPC 129] (CanLII){{perBCPC|Dickey J}}| discharge |}}
-{{SCase1|''R v Oguamanam'', <br>[http://canlii.ca/t/24210 2009 ONCJ 257] (CanLII){{perONCJ|Robertson J}} | 20 months (global)| Plead guilt to 6 counts of counterfeit mark and 7 counts of possessing stolen credit/debit cards. }}
+{{SCase1|''R v Oguamanam'', <br>[http://canlii.ca/t/24210 2009 ONCJ 257] (CanLII){{perONCJ|Robertson J}} | {{JailM|20}} (global)| Plead guilt to 6 counts of counterfeit mark and 7 counts of possessing stolen credit/debit cards. }}
 {{SCase1|''R v Andersen'', <br> [http://canlii.ca/t/25z6h 2009 NLTD 143] (CanLII){{perNLSC|Dymond J}} |15 months (forgery)<br> 9 months (public trust) |"Sentencing for forgery and breach of trust.  Public Official pleads guilty to two counts: forgery and breach of trust involving $89,474."  Judge rejected Conditional Sentence. He ordered restitution of full amount to the Government." [Dymond J]}}
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 {{SCase1|''R v Okubadejo'', <br> [http://canlii.ca/t/2232z 2008 CanLII 70041] (ON SC){{perONSC|Spies J}} | 42 months (global) | }}
-{{SCase1|''R v Jadavji'',<br> [http://canlii.ca/t/1lzfc 2005 ABPC 322] (CanLII){{perABPC|AJ Brown J}} |27 months | Forged documents to get a student loan. Had a prior youth record.}}
+{{SCase1|''R v Jadavji'',<br> [http://canlii.ca/t/1lzfc 2005 ABPC 322] (CanLII){{perABPC|AJ Brown J}} |{{JailM|27}} | Forged documents to get a student loan. Had a prior youth record.}}
 {{SCase1|''R v Basaraba'',<br>[1991] AJ No 1073 {{NOCANLII}}| {{Suspended}} |}}