Fraud over $5,000, Use, trafficking or possession of forged document, Breach of trust by public officer

R. v. R.R.S.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked6 years in custody1
Judge imposedFive years for fraud, two years concurrent for breach of trust, and one month consecutive for the forged degree (covered by time served)1
335 days less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked6 years in custody
Judge imposed5 years and 1 month 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 36% of the maximum. Read the section.

The offender, a provincial guardianship worker, pleaded guilty to fraud over $5,000 and breach of trust by a public officer for diverting more than $460,000 in provincial funds, and to causing the province to act on a forged university degree. The Crown sought a global sentence of six to eight years; the defence sought a conditional sentence order. Justice Wilson imposed five years for the fraud, two years concurrent for the breach of trust and one month consecutive for the forgery, finding a conditional sentence inadequate for a serious, years-long offence motivated by greed.

In the judge's words

I conclude that a conditional sentence order would be inadequate in this case. This was a very serious offence that took place over a period of several years and was motivated solely by greed. It involved hundreds of separate transactions and hundreds of thousands of dollars.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: H. Magnin
Defence: B.E. Fitzpatrick

Sources

  1. R. v. R.R.S., 2022 BCSC 1263 Court decision, CanLII, July 25, 2022[10] The Crown says that the sentences should be consecutive rather than concurrent, but seeks a global sentence of six to eight years based upon principles of proportionality.[44] The maximum sentence for the offence of fraud over $5,000 is a term of imprisonment not exceeding 14 years. The maximum sentence for breach of trust by a public official is five years imprisonment, whereas the maximum sentence for forgery is 10 years imprisonment. There is no minimum sentence at issue in these circumstances.[37] … He has no criminal record.[100] I conclude that a conditional sentence order would be inadequate in this case. This was a very serious offence that took place over a period of several years and was motivated solely by greed. It involved hundreds of separate transactions and hundreds of thousands of dollars.[120] In all of the circumstances, I conclude that a sentence of five years' imprisonment is appropriate for the fraud charge. … [121] I sentence … to two years on the breach of trust charge, recognizing that the circumstances that gave rise to the breach of trust claim were aggravating factors in the sentence for fraud. This sentence is to be served concurrently with the sentence for the fraud charge. … [122] As for the charge relating to the forged university degree, I sentence … to one month to be served consecutively. With consideration for time served, there is no time remaining to serve on this aspect of the sentence.
  2. R. v. R.R.S., 2022 BCSC 1263 Court decision, Courts of British Columbia

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