Criminal Code, section 380(1)(a)

Fraud over $5,000

What the law says

Maximum
14 years
Mandatory minimum
No mandatory minimum
Kind of offence
Property

Indictable only. Conditional MMP of 2 years when the total value of the subject-matter exceeds $1,000,000 (s.380(1.1)).

Read the statute on the Justice Laws website

16 cases with this offence

  1. July 24, 2026
    R v Chen, 2026 NSPC 47Fraud over $5,000, Halifax. Judge Elizabeth A. Buckle
    2 years less a day conditional (12 months house arrest, 200 hours community service), then 3 years probation
  2. June 29, 2026
    R. v. Anthony, 2026 BCSC 1264Fraud over $5,000; Identity theft, Richmond. Justice Sandra M. Sukstorf
    12 months conditional sentence, then 12 months probation
  3. May 21, 2026
    R. v. MacDougall, 2026 NSSC 169Possession of a firearm knowing its possession is unauthorized; Fraud over $5,000; Fraud $5,000 or under; Identity theft; Use, trafficking or possession of forged document; Identity fraud (personation); Forgery, Halifax. Justice James L. Chipman
    • Below the Crown's ask
    4.5 years (54 months) global custody across 19 counts, less 558.5 days enhanced remand credit
  4. February 4, 2026
    R v Kitch, 2026 NSPC 6Fraud over $5,000, Halifax. Judge Ronda van der Hoek
    9 months' incarceration, then 24 months' probation
  5. January 2, 2026
    R. v. Ellis-Abbott, 2026 NSSC 1Fraud over $5,000, Truro. Justice Jeffrey R. Hunt
    4.5 years in custody; restitution and fine in lieu of forfeiture of $4,380,986.31; 25-year financial activities prohibition
  6. October 17, 2025
    R. v. White, 2025 BCSC 2333Fraud over $5,000; Use, trafficking or possession of forged document; Attempted fraud over $5,000, Penticton. Justice Christopher J. Giaschi
    2.5 years in custody (global, reduced from 3 years for totality); restitution of $351,538.98
  7. December 20, 2024
    R. v. B.D.C., 2024 BCSC 2435Assault; Assault with a weapon; Theft over $5,000; Fraud over $5,000; Use, trafficking or possession of forged document; Identity fraud (personation), Vancouver. Justice Heather J. Holmes
    • Below the Crown's ask
    • On release at the time
    Seven years' imprisonment in aggregate (four years concurrent to the Ontario sentence plus three years consecutive for the assaults)
  8. June 19, 2024
    R v. Banks, 2024 NSSC 415Fraud over $5,000, Yarmouth. Justice Pierre L. Muise
    • Below the Crown's ask
    Five years' imprisonment, with $800,000 restitution and an $800,000 fine in lieu of forfeiture
  9. May 15, 2024
    R. v. Earl, 2024 BCSC 971Fraud over $5,000, Kelowna. Justice Gary P. Weatherill
    Six years' imprisonment, plus $1 million restitution order
  10. November 6, 2023
    R. v. Bornais, 2023 BCSC 1945Theft over $5,000; Fraud over $5,000; Falsifying books and documents with intent to defraud, Kamloops. Justice Bradford F. Smith
    20 months imprisonment (concurrent 6 months on three other counts), then 2 years probation; restitution and 10-year s. 380.2 prohibition
  11. January 30, 2023
    R. v. Drake, 2023 NSSC 59Fraud over $5,000; Fraud $5,000 or under, Halifax. Justice Joshua M. Arnold
    18 months custody on each charge, concurrent, consecutive to the sentence being served, then 2 years probation
  12. August 5, 2022
    R. v. Baker, 2022 NSSC 229Fraud over $5,000, Dartmouth. Justice James L. Chipman
    12 months jail, fully served by 476 days of enhanced remand credit; 36 months probation; s. 380.2 prohibition, DNA order
  13. July 25, 2022
    R. v. R.R.S., 2022 BCSC 1263Fraud over $5,000; Breach of trust by public officer; Use, trafficking or possession of forged document, Kelowna. Justice Steven Wilson
    Five years for fraud, two years concurrent for breach of trust, and one month consecutive for the forged degree (covered by time served)
  14. June 23, 2022
    R. v. Young, 2022 NSSC 185Fraud over $5,000, Sydney. Justice Robin C. Gogan
    48 months' custody on each of 10 fraud counts, concurrent (plus mandatory Excise Tax Act fines totalling $1,997,601)
  15. November 24, 2021
    R. v. D.C.K., 2021 NSSC 322Fraud over $5,000, Halifax. Justice Joshua M. Arnold
    • Below the Crown's ask
    Two years in prison (fraud), two years concurrent (unlawful use of a debit card), then three years probation
  16. August 6, 2021
    R. v. MacDonnell, 2021 NSPC 57Fraud over $5,000, Halifax. Judge Paul B. Scovil
    3 years in prison on each fraud count, concurrent (plus a concurrent 1 year and a $301,511.25 fine under the Excise Tax Act)

Judges who sentenced this offence

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