Fraud over $5,000, Theft over $5,000, Falsifying books and documents with intent to defraud

R. v. Bornais

Sentence and the Crown's position

Crown asked20 months in custody1
Judge imposed20 months imprisonment (concurrent 6 months on three other counts), then 2 years probation; restitution and 10-year s. 380.2 prohibition1

What the law allows

Maximum14 years
Crown asked20 months in custody
Judge imposed20 months in custody
Defence asked2 years conditional sentence
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 12% of the maximum. Read the section.

Christina Leigh Bornais pleaded guilty to theft, fraud and two counts of falsifying records after stealing at least $144,000 from the Kamloops dental clinic where she worked as a receptionist over almost six years. The Crown sought 20 months in prison; the defence sought a two-year conditional sentence. Justice Smith imposed 20 months of imprisonment followed by two years of probation, with a restitution order and a 10-year prohibition on employment involving authority over others' money, finding a conditional sentence would not meet denunciation and deterrence.

In the judge's words

[98] On an assessment of all the evidence before me, I have determined that a CSO is not appropriate, because it would not adequately give effect to the sentencing objectives of denunciation and deterrence. Here, the considerations of denunciation and deterrence outweigh the restorative sentencing objectives. Ms. Bornais' moral culpability is high.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years conditional sentence1
Appeal
Not yet checked
Counsel
Crown: L.M. Winters
Defence: J. Killoran

Sources

  1. R. v. Bornais, 2023 BCSC 1945 Court decision, CanLII, November 6, 2023[10] Crown counsel submits Ms. Bornais should be sentenced to twenty (20) months imprisonment, followed by two (2) years of probation, with an order for restitution of $144,885.96 payable to Dr.[17] Defence counsel submits Ms. Bornais should be sentenced to two (2) years imprisonment, served in the community by way of a CSO, followed by three years of probation, with an order for restitution of $144,885.96, payable to Dr.[60] The offender must be convicted of an offence not punishable by a minimum term of imprisonment. None of the offences Ms. Bornais has pleaded guilty to involve a minimum term of imprisonment.[2] On September 28, 2023, Ms. Bornais pleaded guilty to four criminal offences, described on Indictment 112236-2 as follows:[40] Ms. Bornais' absence of a prior criminal record is a mitigating factor.[98] On an assessment of all the evidence before me, I have determined that a CSO is not appropriate, because it would not adequately give effect to the sentencing objectives of denunciation and deterrence. Here, the considerations of denunciation and deterrence outweigh the restorative sentencing objectives. Ms. Bornais' moral culpability is high.[101] On Count 2, I sentence Ms. Bornais to imprisonment for twenty (20) months, concurrent to the sentence on Count 1; … Ms. Bornais will be on probation for a period of two (2) years when she is released from custody following the completion of her sentences of imprisonment
  2. R. v. Bornais, 2023 BCSC 1945 Court decision, Courts of British Columbia

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