Theft and Fraud Not Exceeding $5,000 (Sentencing Cases)

From Criminal Law Notebook

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[1]], 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)


Note up: 380(1), (1.1) and (2)

Fraud Not Exceeding

See also: Fraud (Sentencing Cases) and Fraud Between 100k and 1,000k (Sentencing Cases)
Case Name Pr Ct Sentence Amount Summary
2017
R v Song, 2017 ABPC 13 (CanLII), per MacDonald J AB PC 6 months CSO $5,000 approx The offender pleaded guilty to fraud under $5,000 in relation to 16 instances of making fraudulent refunds while working at Hudson's Bay department store.
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Keywords: None
R v Harbour, 2017 QCCA 204 (CanLII) QC CA 6 months suspended sentence $1,870
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Keywords: None
2016
R v Cain, 2016 NSPC 54 (CanLII) NS PC
2015
R v Murdoch,
2015 NBCA 38 (CanLII), 440 NBR (2d) 7, per Drapeau CJ
NB CA 90 days $1,555
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Keywords: None
2014
R v Girdea, 2014 ONCJ 128 (CanLII), per Nadel J ON PC
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Keywords: None
2012
R v Zentner, 2012 ABPC 94 (CanLII), per Krinke J AB PC discharge $4,999 offender was a funeral director who was selling cremation containers and caskets but cut corners by using a different product from what was sold
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Keywords: None
R v Hynes,
2012 CanLII 11926 (NLPC), [2012] NJ 422 (NLPC), per Gorman J
NL PC discharge fraud x 2, cashed cheques stolen by boyfriend
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Keywords: None
2011
R v Hoyles, 2011 CanLII 54409 (NL PC) NL PC Conditional Discharge
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Keywords: None
2009
R v Douab, 2009 QCCQ 5734 (CanLII) QC PC 4 months imprisonment
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Keywords: None
R v Rockett,
2009 PECA 7 (CanLII), 873 APR 247, per Murphy JA
PEI CA 5 years (fraud not exceeding x 15)
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Keywords: None
2008
R v Green, 2008 MBPC 15 (CanLII), per Pollack J MB PC
2007
R v Bent, 2007 NSPC 63 (CanLII), per C Williams J NS PC 9 month CSO Offender defrauded employer over many months. Breached trust. Had help of a 3rd party. No prior record. Restitution Order.
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Keywords: None
2004
R v Gordon, 2004 BCCA 294 (CanLII), per Braidwood JA BC CA 20 mo
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Keywords: None
R v McSween, 2002 NSSC 225 (CanLII), per LeBlanc J NS SC discharge The offender was charged with fraud under $5,000. " McSween held himself out as a dispensing pharmacist and asked a pharmacist at another pharmacy to provide him with Dilaudid tablets, claiming his pharmacy had run out of the drugs and that a customer required them. McSween had a drug addiction and the drugs were for his personal use. As in this case, McSween voluntarily sought treatment for his addiction, pleaded guilty and had no prior criminal record. " [Source]
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Keywords: None
R v Johnson, (1996), 147 N.S.R.(2d) 105 (S.C.)(*no CanLII links) NS SC 1 month imprisonment $4000 offender was admissions officer at correctional facility; handled payment of fines; on 9 occasions over 6 years stole $4000; offender age 45, no record, breach of public trust
Keywords: None
R v Munroe,
1991 CanLII 2485 (NSCA), , 101 N.S.R.(2d) 360 (CA), per Clarke CJ
NS CA 14 days $3998 age 18, over several months defrauded employer of $3998
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Keywords: None
R v Brink, 1983 CarswellBC 1623, [1983] B.C.W.L.D. 2275, [1983] BCJ No 364(*no CanLII links) BC discharge Offender was a paramedic who stole drugs to feed a narcotics addiction.
Keywords: None
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