Fraud over $5,000
R. v. Young
Sentence and the Crown's position
Crown askedNot recorded
Judge imposed48 months' custody on each of 10 fraud counts, concurrent (plus mandatory Excise Tax Act fines totalling $1,997,601)1
What the law allows
Maximum14 years
Judge imposed48 months in custody
Defence askedSuspended sentence
Georgette Young was convicted after trial of 10 counts of fraud over $5,000 for a scheme of false corporate GST refund claims from 2011 to 2015, which the judge found she coordinated; the fraudulent gain was $357,359. The Crown sought custodial sentences for all of the individual offenders, and Young, who was self-represented, asked for a suspended sentence. Justice Gogan imposed 48 months' custody, in addition to mandatory Excise Tax Act fines, finding the fraud significant, organized, brazen and of extended duration.
In the judge's words
1The aggravating circumstances are considerable. This was a significant fraud of extended duration. It was organized and brazen. It was sophisticated and intentionally designed to be difficult to detect.
The record
- Convicted of
- Fraud over $5,000 (CC 380(1)(a), 10 counts)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- Suspended sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: Mark Donohue, Constantin Draghici-Vasilescu
Sources
- https://www.canlii.org/en/ns/nssc/doc/2022/2022nssc185/2022nssc185.html Court decision
[32] … For example, Georgette Young claimed to have had PTSD for “as long as she can remember” … She asked for a suspended sentence.
[26] Georgette Young is the eldest daughter of Lydia and George Saker.
[14] I note here that none of the offenders have a criminal record.
[76] The aggravating circumstances are considerable. This was a significant fraud of extended duration. It was organized and brazen. It was sophisticated and intentionally designed to be difficult to detect.
[81] Georgette Young, please stand – on count 1, I impose a sentence of 48 months custody. On each of counts 2 through 10, I impose a sentence of 48 months to be served concurrently.
- R. v. Young, 2022 NSSC 185 Court decision, Courts of Nova Scotia