Theft and Fraud (Sentencing Cases)

• < Sentencing
• < Cases

Offence Wording

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], 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)

---

Fraud Not Exceeding $5,000

• Fraud Not Exceeding $5,000 (Sentencing Cases)

Fraud over $5,000

• Fraud Over $1,000,000 (Sentencing Cases)
• Fraud Between 100k and 1,000k (Sentencing Cases)
• Fraud Between 5k and 100k (Sentencing Cases)

Services Fraud

• Fraud on the Government (Sentencing Cases)

Unpublished

Nova Scotia

• R v Pincock, [1]
  • November 5, 2018
  • $34,524
  • 90 days imprisonment, 2 years probation

• R v Procenko, [2]
  • June 28, 2018
  • ~$250,000
  • 2 years imprisonment

• [3]
  • Feb 13, 2018
  • 2 years imprisonment

Newfoundland

• R v [4]
  • 1 years CSO
  • $110 million

Legend

Term	PC	SC	CA	S/S
Defined	Provincial Court	Superior Court	Court of Appeal	Suspended Sentence

See Also

• Online Inflation Calculator
• Obtaining Property by False Pretences (Sentencing Cases)
• Theft (Sentencing Cases)
• Possession of Stolen Property (Sentencing Cases)