Fraud over $5,000

R. v. D.C.K.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposedTwo years in prison (fraud), two years concurrent (unlawful use of a debit card), then three years probation1
1 year less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked3 years in custody
Judge imposed2 years in custody
Defence asked2 years in custody
For fraud over $5,000 (CC 380(1)(a)), the Criminal Code currently allows up to 14 years, with no mandatory minimum. The sentence imposed is 14% of the maximum. Read the section.

The offender was convicted after trial of fraud over $5,000, for draining $29,063.16 from the complainant's bank accounts with his debit card, and of unlawful use of a debit card. The Crown sought three to five years in prison and the defence two years. Justice Arnold imposed two years in prison followed by three years of probation, finding that deterrence and denunciation were the primary principles given a long record for dishonesty, while exercising some restraint in light of the offender's difficult life.

In the judge's words

Considering the ongoing and protracted nature of her criminal behaviour, in this case rehabilitation or reformation take a distant back seat to other sentencing principles.

1

The record

Convicted of
Prior convictions
72 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years in custody1
Appeal
Not yet checked
Counsel
Crown: Zachary Firlotte, Christine Driscoll
Defence: Scott Brownell

Sources

  1. R. v. D.C.K., 2021 NSSC 322 Court decision, CanLII, November 24, 2021[3] The Crown recommends a sentence of three to five years in prison, while defence is requesting a two-year custodial sentence followed by a period of probation.[3] The Crown recommends a sentence of three to five years in prison, while defence is requesting a two-year custodial sentence followed by a period of probation.[8] Ms. … has diabetes and Multiple Sclerosis but has no identifiable substance abuse issues. Her criminal record is significant. … [6] Ms. … has been convicted 72 times between November 13, 1986 and March 15, 2016.[30] … Considering the ongoing and protracted nature of her criminal behaviour, in this case rehabilitation or reformation take a distant back seat to other sentencing principles.[33] Ms. … will be sentenced to two years in prison for the fraud charge and two years’ concurrent for the unlawful use of the debit card. … [34] She will also receive three years’ probation.
  2. Criminal Code, s. 380 Record, Justice Laws Website
  3. R. v. D.C.K., 2021 NSSC 322 Court decision, Courts of Nova Scotia

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