Fraud over $5,000
R. v. Baker
Sentence and the Crown's position
Crown asked1 year in custody1
Judge imposed12 months jail, fully served by 476 days of enhanced remand credit; 36 months probation; s. 380.2 prohibition, DNA order1
What the law allows
Maximum14 years
Crown asked1 year in custody
Judge imposed1 year in custody
Defence asked1 year in custody
Jessica Jacqueline Baker was convicted after trial of defrauding a vulnerable neighbour of $10,247 through 47 unauthorized e-transfers in Dartmouth in early 2018. The Crown sought 12 months in jail followed by 36 months of probation, and the defence ultimately agreed. Justice Chipman imposed 12 months' imprisonment, which her 476 days of enhanced remand credit fully covered, followed by 36 months of probation, emphasizing denunciation and general deterrence.
In the judge's words
1As the case law demonstrates, the overriding principles applicable to Ms. Baker’s matter are denunciation and deterrence, with particular emphasis on general deterrence, with a view towards the prospect of rehabilitation.
The record
- Convicted of
- Fraud over $5,000 (CC 380(1)(a))
- Prior convictions
- 4 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 1 year in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Janine Kidd
Defence: Quy Linh
Sources
- R. v. Baker, 2022 NSSC 229 Court decision, CanLII, August 5, 2022
The Crown submits that a sentence of 12 months jail, followed by 36 months’ probation would address the minimal mitigating, significant aggravating, and Gladue factors present.
[35] Today, the Defence altered their position to agree to 12 months incarceration.
Jessica Jacqueline Baker
• one conviction for fraud under $5,000 on December 10, 2015; • three convictions for failure to attend court: one on December 10, 2015, and two on November 10, 2020; • two convictions for theft under $5,000 on July 4, 2017; and
[38] As the case law demonstrates, the overriding principles applicable to Ms. Baker’s matter are denunciation and deterrence, with particular emphasis on general deterrence, with a view towards the prospect of rehabilitation.
[41] In all the circumstances, I find that the Crown’s recommendation of 12 months jail time, 36 months probation and the s. 380.2 and s. 487.04(a) orders, all ultimately agreed upon by the Defence, is just and reasonable. … [42] Given Ms. Baker’s time served of 476 days (at the enhanced rate, which I accept), she has completely served (and then some) the 365 days incarceration. The 36 months probation applies on a go forward basis, as do the two granted ancillary orders.
- Criminal Code, s. 380 Record, Justice Laws Website
- R. v. Baker, 2022 NSSC 229 Court decision, Courts of Nova Scotia