Forgery (Sentencing Cases)
| This page was last substantively updated or reviewed January 2018. (Rev. # 92541) |
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Digests
| 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." Find summaries of case. |
| 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." Find summaries of case. |
| 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] Find summaries of case. |
| R v Torske, 2013 ABCA 162 (CanLII), per Côté JA (2:1) | AB  |
CA | 9 months CSO | lawyer forged 21 prescriptions Find summaries of case. |
| R v Shankar, 2012 BCPC 5 (CanLII), per Giardini J | BC  |
PC | 10 months CSO | $5k+ defraud of ICBC Find summaries of case. |
| 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. Find summaries of case. |
| R v Sanborn, 2011 BCPC 129 (CanLII), per Dickey J | BC |
PC | discharge | Find summaries of case. |
| R v Perreault, 2010 BCPC 260 (CanLII), per Bastin J | BC |
PC | discharge | RCMP police officer forges overtime slips (under $5,000) Find summaries of case. |
| 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. Find summaries of case. |
| R v Andersen, 2009 NLTD 143 (CanLII), per Dymond J | NL |
SC | 15 months imprisonment (forgery) 9 months imprisonment (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." Find summaries of case. |
| R v Okubadejo, 2008 CanLII 70041 (ON SC, per Spies J | ON |
SC | 42 months (global) | Find summaries of case. |
| R v Stuart, 2006 ABPC 257 (CanLII), per Millar J | AB |
PC | discharge | making false statement on mortgage application Find summaries of case. |
| 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. Find summaries of case. |
| 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] Find summaries of case. |
| R v Jadavji, 2005 ABPC 322 (CanLII), {{{4}}}, per Brown J |
AB |
PC | "The accused pled guilty to three fraud offences, two counts of personation, and four of uttering forged documents.
...The accused applied for a student loan, without being eligible. He received $1,740. He then forged two letters in an unsuccessful attempt to increase the funding.
... He unsuccessfully attempted to get a driving test supported by a forged permit.
... He obtained credit approval in the amount of $42,822.15, using two forged letters. It appears that he did not access that money. He did, however, obtain a car on credit after supplying other forged documents. The car was repossessed at a loss to the firm of $10,980.
...The accused had a youth record of 68 convictions, including four for personation and 47 for theft and forgery.
...Her Honour Judge Brown ruled that rehabilitation was not applicable, because rehabilitative sentences had not been effective. Specific deterrence was required. She imposed a sentence equivalent to 27 months." | |
| R v Zinkhofer, 2000 ABPC 16 (CanLII), per Delong J | AB |
PC | 3 months imprisonment | Find summaries of case. |
| R v Burns, 1993 CanLII 16378 (AB CJ), [1993] AJ No 998 |
AB |
4 months imprisonment | For 11 years the offender impersonated a paramedic and doctor without any actual training.
"The accused was sentenced to four months’ imprisonment for uttering a forged document....The accused failed her second year of medical school, and never obtained that degree. Nevertheless, over a period of 13 years she falsely claimed to have a M.D. and a P.H.D. ... She obtained positions at two institutions teaching students in areas related to her purported qualifications. For the first ten years, these claimed degrees were not required qualifications, but may have lead to her being hired over other qualified applicants, and to undeserved promotions. For the last three years, the claimed qualifications were essential to obtaining the positions. ..The accused received an extra salary of $40,000 based on the false claim of qualifications. More importantly, her falsehoods lead to questions about the quality of the education received by her students. ...The accused pled guilty. She had no record. It was also noted that she was largely qualified for the positions that she took and that she received very good performance appraisals. ...Nevertheless, she was sentenced to four months’ imprisonment. The court ruled that general deterrence was required."
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| R v Basaraba, [1991] AJ No 1073(*no CanLII links) | AB |
Suspended Sentence | Find summaries of case. | |
Passport Forgery
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Kapoor, 2021 BCSC 2516 (CanLII), per Blok J | BC |
SC | 6 months imprisonment plus 3 years probation | Find summaries of case. |
| 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. Find summaries of case. |