Unauthorized Use of Computer (Sentencing Cases): Difference between revisions

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==Case Digests==
==Case Digests==
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{{SCase1|''R v Cisar'', <br> [http://canlii.ca/t/g5832 2014 ONCA 151] (CanLII){{perONCA|Rosenberg JA}} | {{JailM|30}} | The offender was convicted of fraudulently obtaining computer services, fraudulent use of a computer system, theft and possession of stolen goods. He quit from a software company, taking a number of discs containing the source code for computer software the company was developing.  He moved out of country, started a new software company and sold a software program created with the source code he took. The software was valued at $12 million.}}
{{SCaseLong|''R v Cisar'', <br> [http://canlii.ca/t/g5832 2014 ONCA 151] (CanLII){{perONCA|Rosenberg JA}}|ON|CA | {{JailM|30}} | The offender was convicted of fraudulently obtaining computer services, fraudulent use of a computer system, theft and possession of stolen goods. He quit from a software company, taking a number of discs containing the source code for computer software the company was developing.  He moved out of country, started a new software company and sold a software program created with the source code he took. The software was valued at $12 million.}}


{{SCase1|''R v Charania'', <br>[http://canlii.ca/t/g66v8 2014 ONSC 1695] (CanLII){{perONSC|Goodman J}} | Discharge with 9 months probation | see [[Mischief (Sentencing Cases)]] for details}}
{{SCaseLong|''R v Charania'', <br>[http://canlii.ca/t/g66v8 2014 ONSC 1695] (CanLII){{perONSC|Goodman J}}|ON|SC | Discharge with 9 months probation | see [[Mischief (Sentencing Cases)]] for details}}


{{SCase1|''R v Mackie'',<Br> [http://canlii.ca/t/fxbqd 2013 ABPC 116] (CanLII){{perABPC| Skene J}} |1 year (unauthorized use x 5)<br> 11 years (global) |The offender was convicted of luring, extortion, child pornography, identity fraud, invitation to sexual touching.  See [[Child Luring (Sentencing Cases)]] }}
{{SCaseLong|''R v Mackie'',<Br> [http://canlii.ca/t/fxbqd 2013 ABPC 116] (CanLII){{perABPC| Skene J}} |AB|PC|1 year (unauthorized use x 5)<br> 11 years (global) |The offender was convicted of luring, extortion, child pornography, identity fraud, invitation to sexual touching.  See [[Child Luring (Sentencing Cases)]] }}


{{SCase1|''R v Grecu'', <Br>[http://canlii.ca/t/1hm4r 2004 ABPC 61] (CanLII){{perABPC| Semenuk J}} | {{CSOM|12}} | The offender pleaded guilty to 5 offences involving the unauthorized computer equipment, cameras and other devices. He and an accomplice used the devices to forge credit cards which were in turn used to withdraw money. The offence was "sophisticated and involved a number of co-accused in what can only be described as organized criminal activity at the highest level". The total loss was $38,147.99, while the risk of loss was $648,820.00.}}
{{SCaseLong|''R v Grecu'', <Br>[http://canlii.ca/t/1hm4r 2004 ABPC 61] (CanLII){{perABPC| Semenuk J}} |AB|PC| {{CSOM|12}} | The offender pleaded guilty to 5 offences involving the unauthorized computer equipment, cameras and other devices. He and an accomplice used the devices to forge credit cards which were in turn used to withdraw money. The offence was "sophisticated and involved a number of co-accused in what can only be described as organized criminal activity at the highest level". The total loss was $38,147.99, while the risk of loss was $648,820.00.}}


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Revision as of 19:50, 19 April 2020

Case Digests

Case Name Prv. Crt. Sentence Summary
R v Cisar,
2014 ONCA 151 (CanLII), per Rosenberg JA
ON CA 30 months imprisonment The offender was convicted of fraudulently obtaining computer services, fraudulent use of a computer system, theft and possession of stolen goods. He quit from a software company, taking a number of discs containing the source code for computer software the company was developing. He moved out of country, started a new software company and sold a software program created with the source code he took. The software was valued at $12 million.
R v Charania,
2014 ONSC 1695 (CanLII), per Goodman J
ON SC Discharge with 9 months probation see Mischief (Sentencing Cases) for details
R v Mackie,
2013 ABPC 116 (CanLII), per Skene J
AB PC 1 year (unauthorized use x 5)
11 years (global)
The offender was convicted of luring, extortion, child pornography, identity fraud, invitation to sexual touching. See Child Luring (Sentencing Cases)
R v Grecu,
2004 ABPC 61 (CanLII), per Semenuk J
AB PC 12 months CSO The offender pleaded guilty to 5 offences involving the unauthorized computer equipment, cameras and other devices. He and an accomplice used the devices to forge credit cards which were in turn used to withdraw money. The offence was "sophisticated and involved a number of co-accused in what can only be described as organized criminal activity at the highest level". The total loss was $38,147.99, while the risk of loss was $648,820.00.