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

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Offence Wording

Punishment for theft

334 Except where otherwise provided by law, every one who commits theft

(a) if the property stolen is a testamentary instrument or the value of what is stolen is more than $5,000, is guilty of

(i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or

(ii) an offence punishable on summary conviction; or

(b) if the value of what is stolen is not more than $5,000, 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.

R.S., 1985, c. C-46, s. 334; R.S., 1985, c. 27 (1st Supp.), s. 43; 1994, c. 44, s. 20; 2019, c. 25, s. 122.

– CCC (CanLII), (DOJ)

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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)

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Fraud Not Exceeding $5,000

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. Find summaries of case.
R v Harbour, 2017 QCCA 204 (CanLII)	QC	CA	6 months suspended sentence	$1,870	Find summaries of case.
2016
R v Cain, 2016 NSPC 54 (CanLII)	NS	PC	3 months	$3,617	"the offender received a custodial sentence of 3 months for unlawful use of a credit card and fraud under. The offender was the care worker for the elderly victim. The total loss was $3,617." Find summaries of case.
R v Antle, 2016 CanLII 1516 (NL PC), {{{4}}}	NL	PC		$423.75
2015
R v Murdoch, 2015 NBCA 38 (CanLII), 440 NBR (2d) 7, per Drapeau CJ	NB	CA	90 days	$1,555	Find summaries of case.
2014
R v Girdea, 2014 ONCJ 128 (CanLII), per Nadel J	ON	PC			Find summaries of case.
R v Sutherland, 2014 CanLII 37667 (NLPC), , [2011] NJ No. 64 (P.C.), per Gorman J	NL	PC	4 months CSO		Find summaries of case.
R v Weatherbee, 2014 SKPC 196 (CanLII), per J	SK	PC			Find summaries of case.
R v Dwyer, 2014 CanLII 71476 (NL PC), per Marshall J	NL	PC
2013
R v Wright, 2013 ABCA 428 (CanLII), per curiam	AB	CA	$200 fine		Find summaries of case.
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 Find summaries of case.
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 Find summaries of case.
R v CC, 2012 CanLII 16721 (NLPC), per Gorman J	NL	PC	Suspended Sentence		Find summaries of case.
R v Reid, 2012 CanLII 25696 (NLPC), per Gorman J	NL	PC	2 months CSO		The offender stole clothing on two dates--prior related record with prior CSO Find summaries of case.
R v DWJ, 2012 BCPC 15 (CanLII), per Brecknell J	BC	PC	12 months CSO		also charged with 5 breaches; over 100 prior convictions Find summaries of case.
R v Edmunds, 2012 NLCA 26 (CanLII), per White JA	NL	CA	discharge		guard at jail steals from employer--diagnosed with depression--heard in mental health court Find summaries of case.
2011
R v Hoyles, 2011 CanLII 54409 (NL PC)	NL	PC	Conditional Discharge		Find summaries of case.
R v Day, 2011 CanLII 8588 (NLPC), per Gorman J	NL	PC	Absolute Discharge		Find summaries of case.
R v Bjarnason, 2011 CanLII 67010 (MBCA), per Moar JA	MB	CA	4 months CSO	$4,250.56	Find summaries of case.
2009
R v Douab, 2009 QCCQ 5734 (CanLII)	QC	PC	4 months imprisonment		Find summaries of case.
R v Rockett, 2009 PECA 7 (CanLII), 873 APR 247, per Murphy JA	PEI	CA	5 years (fraud not exceeding x 15)		Find summaries of case.
2008
R v Green, 2008 MBPC 15 (CanLII), per Pollack J	MB	PC			"The offender defrauded her employer of $4,400 through a series of seven transactions over 16 days. The offender was 39 years old with 4 children and an unemployed husband. Her rent and heating bills were in arrears. The motive for the crime was “debt management”. The learned sentencing judge imposed a conditional sentence order of 6 months followed by two years of probation." (Quoting from R v Gliddon, 2017 ABPC 38 (CanLII)), at para 57 Find other summaries.
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. Find summaries of case.
R v Gray, 2007 NBCA 54 (CanLII), 2006 CarswellNB 808, per curiam	NB	CA	6 months CSO		theft of 25 Oxycodone. The offender gave a confession and stated that she was considering selling some. Crown sought 6 to 9 months jail. Defence sought shorter CSO. Leave to appeal refused. Find summaries of case.
R v McLeod, 2007 YKTC 39 (CanLII), per Ruddy J	YK	SC	9 months after 2 mo remand		lengthy property-related record; unhelpful PSR; 6 thefts; 1 possession; 1 breach; theft to support habit Find summaries of case.
R v Hicks, 2007 NLCA 41 (CanLII), per J	NL	CA			Find summaries of case.
2006
R v Kashuba, 2006 SKCA 103 (CanLII), per Richards JA	SK	CA
2004
R v Gordon, 2004 BCCA 294 (CanLII), per Braidwood JA	BC	CA	20 months imprisonment		Find summaries of case.
2003
R v Callaghan, 2003 NSSC 16 (CanLII), per Robertson J	NS	SC	Absolute Discharge		Find summaries of case.
2002
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] Find summaries of case.
R v Hartz, 2002 ABCA 108 (CanLII), per Paperny JA	AB	CA	18 months imprisonment	$123,860	Find summaries of case.
R v Schell, 2002 ABQB 382 (CanLII), per Lee J and 2002 ABQB 439 (CanLII), per Lee J	AB	SC	discharge		possession of stolen property; stereo equipment Find summaries of case.
2000
R v Whitemanleft, 2000 ABPC 68 (CanLII), per Fraser J	AB	PC	3 months imprisonment (after remand)		possess doctors’ prescription forms; $300+ merchandise Find summaries of case.
1999
R v Ryan, 1999 CanLII 32453 (NB KB), per Rideout J	NB	SC
1998
R v Prowse, 1998 CanLII 18024 (NL CA), per Mahoney JA	NL	CA	discharge		offender stole a generator--appealed $500 fine Find summaries of case.
1996
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
R v Caron, 1996 CanLII 7024 (SK KB)	SK	SC
1993
R v Berry, 1993 ABCA 376 (CanLII), per Irving JA	AB	CA	18 months imprisonment		Find summaries of case.
R v Larmer, 1993 CanLII 6616 (SK CA)	SK	CA
R v Stewart, 1993 CanLII 6606 (SK CA), per Vancise JA	SK	CA
1992
R v Dahlin, 1992 CanLII 1204 (BCCA), per McEachern CJ	BC	CA	6 months imprisonment		5 thefts; long but dated criminal record; original judge gave 12 months Find summaries of case.
1991
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 Find summaries of case.
1983
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.