Theft, Use and Forgery of a Credit Card (Sentencing Cases): Difference between revisions

From Criminal Law Notebook
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{{SCaseLong|{{CanLIIR-S|Shamshiri|fwtwd|2013 ONSC 1906] (CanLII)}}{{TheCourt}}|ON|SC  | $1,000 and 18 month probation | }}
{{SCaseLong|{{CanLIIR-S|Shamshiri|fwtwd|2013 ONSC 1906 (CanLII)}}{{TheCourt}}|ON|SC  | $1,000 and 18 month probation | }}


{{SCaseLong|''R v Saade'',<br> [http://canlii.ca/t/1q5gm 2006 NSSC 279] (CanLII){{perNSSC|S MacDonald J}}|NS|SC | {{JailY|2}} |The offender was also charged with conspiracy. The offence is said to impact reliance on electronic banking system and is more prevalent than even.}}
{{SCaseLong|''R v Saade'',<br> [http://canlii.ca/t/1q5gm 2006 NSSC 279] (CanLII){{perNSSC|S MacDonald J}}|NS|SC | {{JailY|2}} |The offender was also charged with conspiracy. The offence is said to impact reliance on electronic banking system and is more prevalent than even.}}
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{{SCaseLong|''R v Zhang'', <Br>[http://canlii.ca/t/1x1x9 2008 BCSC 674] (CanLII){{perBCSC|Bennett J}}|BC|SC | discharge | }}
{{SCaseLong|''R v Zhang'', <Br>[http://canlii.ca/t/1x1x9 2008 BCSC 674] (CanLII){{perBCSC|Bennett J}}|BC|SC | discharge | }}


{{SCaseLong|{{CanLIIR-S|Khaira|fp2vf|2011 ABPC 340] (CanLII)}}{{perABPC|Dunnigan J}} |AB|PC | {{JailM|14}} | The offender couriered three packages from Hong Kong to Canada. They contained 6,000 forged Alberta driver's licences and 14,000 forged credit cards. He was 21 years old and had no prior record.}}
{{SCaseLong|{{CanLIIR-S|Khaira|fp2vf|2011 ABPC 340 (CanLII)}}{{perABPC|Dunnigan J}} |AB|PC | {{JailM|14}} | The offender couriered three packages from Hong Kong to Canada. They contained 6,000 forged Alberta driver's licences and 14,000 forged credit cards. He was 21 years old and had no prior record.}}


{{SCaseLong|''R v Sandranathan'', <br>[http://canlii.ca/t/1rsg2 2007 ONCJ 261] (CanLII){{perONCJ|Wong J}}|ON|PC | {{JailY|2}} (global)<br> {{JailM|21}} (poss'n credit device)<br> 21 months (fraud over)<br> {{JailM|21}} (poss'n forgery device)<Br> {{JailM|21}} (poss'n credit data)|The offender pleaded guilty to 27 counts of credit card skimming and 5 counts breach of conditions.  }}  
{{SCaseLong|''R v Sandranathan'', <br>[http://canlii.ca/t/1rsg2 2007 ONCJ 261] (CanLII){{perONCJ|Wong J}}|ON|PC | {{JailY|2}} (global)<br> {{JailM|21}} (poss'n credit device)<br> 21 months (fraud over)<br> {{JailM|21}} (poss'n forgery device)<Br> {{JailM|21}} (poss'n credit data)|The offender pleaded guilty to 27 counts of credit card skimming and 5 counts breach of conditions.  }}  

Revision as of 00:31, 28 January 2021

Ranges

Case Name Prv. Crt. Sentence Summary
R v Shamshiri, 2013 ONSC 1906 (CanLII), per curiam ON SC $1,000 and 18 month probation
R v Saade,
2006 NSSC 279 (CanLII), per S MacDonald J
NS SC 2 years imprisonment The offender was also charged with conspiracy. The offence is said to impact reliance on electronic banking system and is more prevalent than even.
R v Harvey-Langton,
2012 MBPC 64 (CanLII), per Devine J
MB PC 5 years imprisonment The accused and his accomplice were found in possession of the credit card numbers of 2,447 people and the identity information of 2,438 people.
R v Kanagaratnam,
2011 MBPC 72 (CanLII), per Moar J
MB PC 14 months imprisonment credit card fraud
R v Zhang,
2008 BCSC 674 (CanLII), per Bennett J
BC SC discharge
R v Khaira, 2011 ABPC 340 (CanLII), per Dunnigan J AB PC 14 months imprisonment The offender couriered three packages from Hong Kong to Canada. They contained 6,000 forged Alberta driver's licences and 14,000 forged credit cards. He was 21 years old and had no prior record.
R v Sandranathan,
2007 ONCJ 261 (CanLII), per Wong J
ON PC 2 years imprisonment (global)
21 months imprisonment (poss'n credit device)
21 months (fraud over)
21 months imprisonment (poss'n forgery device)
21 months imprisonment (poss'n credit data)
The offender pleaded guilty to 27 counts of credit card skimming and 5 counts breach of conditions.
R v Marano
[2007] AJ No 425, (Alta. Prov. Ct.), 2007 ABPC 102 (CanLII), per Van de Veen J
AB PC 16 months imprisonment The offender assisted an accomplice install debit card skimming devices and video recorders at the gas station he worked at. The devices recorded a total of 714 transactions. There was no financial loss since they were caught before they could retrieve the data. The offender had been promised $20,000 for his role. He was 26 years old and had a lengthy record that included possession of stolen credit cards.
R v Naqvi
[2005] AJ No 1593 (Alta. Prov. Ct.), 2005 ABPC 339 (CanLII), per Stevenson J
AB PC 18 months imprisonment
R v Ali
[2001] O.J. No. 3757 (Ont. Sup.Ct.)(*no CanLII links)
ON SC 18 months CSO The two offenders defrauded 6 banks of $139,000 total by hiring gas station attendants to copy debit cards over 3 months. Both accused had no prior record and were responsible for supporting their families. Restitution of $5,000 was made before sentencing with a promise of $10,000 over 12 months after sentence.

See Also