Forgery (Sentencing Cases)

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Forgery

Case Name	Prv.	Crt.	Sentence	Summary
R v Drummond, 2017 CanLII 81318 (NL SC), per Burrage J	NL	SC	3 months CSO	"Following a guilty plea and conviction, the 70-year-old offender was given a conditional sentence of three months concurrent on two counts of forgery of a document, contrary to section 368(1)(a) of the Criminal Code. In October 2014 the offender signed two Agreements of Purchase and Sale of real property using a false name, but failed to provide the requisite deposit. As such, the agreements were not legally binding. The offender did not profit from the forgery, nor did the vendors suffer a financial loss. The offender had a prior criminal record for fraud arising from events in 1996-97 and 2013."
R v Burke, 2016 NLTD 135(*no CanLII links)	NL	SC	12 months imprisonment	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." [1] The offence was considered a "serious and deliberate breach of trust".
R v Escott, 2016 CanLII 24770 (NL PC), per Linehan J	NL	PC	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." [2]
R v Fitzpatrick, 2005 NLTD 76 (CanLII), per Goulding J	NL	SC	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." [3]
R v Chukwu, 2011 ONSC 2216 (CanLII), per Kiteley J	ON	SC	6 months imprisonment (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.
R v Sanborn, 2011 BCPC 129 (CanLII), per Dickey J	BC	PC	discharge
R v Oguamanam, 2009 ONCJ 257 (CanLII), per Robertson J	ON	PC	20 months imprisonment (global)	Plead guilt to 6 counts of counterfeit mark and 7 counts of possessing stolen credit/debit cards.
R v Andersen, 2009 NLTD 143 (CanLII)], per Dymond J	NL	SC	15 months imprisonment (forgery) 9 months imprisonment (public trust)	NL
R v Okubadejo, 2008 CanLII 70041 (ON SC), per Spies J	ON	SC	42 months (global)
R v Jadavji, 2005 ABPC 322 (CanLII), per AJ Brown J	AB	PC	27 months imprisonment	Forged documents to get a student loan. Had a prior youth record.
R v Basaraba, [1991] AJ No 1073 (*no CanLII links)	AB		Suspended Sentence

Uttering Forged Documents

Case Name	Prv.	Crt.	Sentence	Summary
R v Torske, 2013 ABCA 162 (CanLII), per Côté JA (2:1)	AB	CA	9 months CSO	lawyer forged 21 prescriptions
R v Shankar, 2012 BCPC 5 (CanLII), per Giardini J	BC	PC	10 months CSO	$5k+ defraud of ICBC
R v Perreault, 2010 BCPC 260 (CanLII), per Bastin J	BC	PC	discharge	RCMP police officer forges overtime slips (under $5,000)
R v Stuart, 2006 ABPC 257 (CanLII), per Millar J	AB	PC	discharge	making false statement on mortgage application
R v Zinkhofer, 2000 ABPC 16 (CanLII), per Delong J	AB	PC	3 months imprisonment
R v Burns, [1993] AJ No 998 (*no CanLII links)	AB		4 months imprisonment	For 11 years the offender impersonated a paramedic and doctor without any actual training.

Passport Forgery

Case Name	Prv.	Crt.	Sentence	Summary
R v Zeitoune, 2018 ONSC 4363 (CanLII)], per MacDonnell J	ON	SC	3.5 years imprisonment	The offender was convicted of breach of public trust, procuring passports, forgery of passports, making false statements to procure passports, and making forged passports available.