Forgery (Sentencing Cases): Difference between revisions
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{{SCase1|R v Drummond, [http://canlii.ca/t/hp36m 2017 CanLII 81318] (NL SC){{perNLSC|Burrage J}} | 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." }} | {{SCase1|''R v Drummond'', [http://canlii.ca/t/hp36m 2017 CanLII 81318] (NL SC){{perNLSC|Burrage J}} | 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." }} | ||
{{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 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 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 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 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 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}} | 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 Sanborn,<br> [http://canlii.ca/t/fm6lh 2011 BCPC 129] (CanLII){{perBCPC|Dickey J}}| discharge |}} | {{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}} | 20 months (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]}} | {{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]}} | ||
{{SCase1|R v Okubadejo, <br> [http://canlii.ca/t/2232z 2008 CanLII 70041] (ON SC){{perONSC|Spies J}} | 42 months (global) | }} | {{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}} |27 months | Forged documents to get a student loan. Had a prior youth record.}} | ||
{{SCase1|R v Basaraba,<br>[1991] AJ No 1073 {{NOCANLII}}| {{Suspended}} |}} | {{SCase1|''R v Basaraba'',<br>[1991] AJ No 1073 {{NOCANLII}}| {{Suspended}} |}} | ||
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{{SCase1|R v Torske,<br> [http://canlii.ca/t/fxl0x 2013 ABCA 162] (CanLII){{perABCA| Côté JA}} (2:1)|9 mo CSO | lawyer forged 21 prescriptions}} | {{SCase1|''R v Torske'',<br> [http://canlii.ca/t/fxl0x 2013 ABCA 162] (CanLII){{perABCA| Côté JA}} (2:1)|9 mo CSO | lawyer forged 21 prescriptions}} | ||
{{SCase1|R v Shankar,<br> [http://canlii.ca/t/fpmdz 2012 BCPC 5] (CanLII){{perBCPC| Giardini J}}| 10 mo CSO | $5k+ defraud of ICBC}} | {{SCase1|''R v Shankar'',<br> [http://canlii.ca/t/fpmdz 2012 BCPC 5] (CanLII){{perBCPC| Giardini J}}| 10 mo CSO | $5k+ defraud of ICBC}} | ||
{{SCase1|R v Perreault,<br> [http://canlii.ca/t/2d3r4 2010 BCPC 260] (CanLII){{perBCPC|Bastin J}}| discharge | RCMP police officer forges overtime slips (under $5,000)}} | {{SCase1|''R v Perreault'',<br> [http://canlii.ca/t/2d3r4 2010 BCPC 260] (CanLII){{perBCPC|Bastin J}}| discharge | RCMP police officer forges overtime slips (under $5,000)}} | ||
{{SCase1|R v Stuart,<br> [http://canlii.ca/t/1q4ng 2006 ABPC 257] (CanLII){{perABPC| Millar J}}| discharge | making false statement on mortgage application}} | {{SCase1|''R v Stuart'',<br> [http://canlii.ca/t/1q4ng 2006 ABPC 257] (CanLII){{perABPC| Millar J}}| discharge | making false statement on mortgage application}} | ||
{{SCase1|R v Zinkhofer,<br> [http://canlii.ca/t/5r24 2000 ABPC 16] (CanLII){{perABPC|Delong J}} | 3 months |}} | {{SCase1|''R v Zinkhofer'',<br> [http://canlii.ca/t/5r24 2000 ABPC 16] (CanLII){{perABPC|Delong J}} | 3 months |}} | ||
{{SCase1|R v Burns,<br>[1993] AJ No 998 {{NOCANLII}}| 4 months| For 11 years the offender impersonated a paramedic and doctor without any actual training.}} | {{SCase1|''R v Burns'',<br>[1993] AJ No 998 {{NOCANLII}}| 4 months| For 11 years the offender impersonated a paramedic and doctor without any actual training.}} | ||
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{{SCase1|R v Zeitoune, <br> [http://canlii.ca/t/ht70c 2018 ONSC 4363] (CanLII){{perONSC|MacDonnell J}} | 3.5 years | 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. }} | {{SCase1|''R v Zeitoune'', <br> [http://canlii.ca/t/ht70c 2018 ONSC 4363] (CanLII){{perONSC|MacDonnell J}} | 3.5 years | 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. }} | ||
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