Fraud over $5,000, Fraud $5,000 or under
R. v. Drake
Sentence and the Crown's position
Crown asked18 months in custody1
Judge imposed18 months custody on each charge, concurrent, consecutive to the sentence being served, then 2 years probation1
What the law allows
Maximum14 years
Crown asked18 months in custody
Judge imposed18 months in custody
Defence asked18 months in custody
Elizabeth Drake was convicted after trial of fraud of $8,950 and pleaded guilty to a separate fraud of $1,075, committed in 2016 and 2017. The Crown and defence jointly recommended 18 months' custody, consecutive to the sentence she was already serving. Justice Arnold accepted the joint recommendation, imposing 18 months on each charge concurrent, followed by two years of probation, and noted her long record for fraud.
In the judge's words
1I note that her crimes were not momentary lapses in judgement or impulsive decisions. Instead they were calculated and protracted crimes.
The record
- Convicted of
- Fraud over $5,000 (CC 380(1)(a))
- Fraud $5,000 or under (CC 380(1)(b))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 18 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Peter Craig, K.C.
Defence: Mathieu Boutet
Sources
- R. v. Drake, 2023 NSSC 59 Court decision, CanLII, January 30, 2023
[2] Crown and defence jointly recommend that Ms. Drake be sentenced to 18 months’ incarceration, consecutive to any time she is already serving.
[2] Crown and defence jointly recommend that Ms. Drake be sentenced to 18 months’ incarceration, consecutive to any time she is already serving.
[1] Elizabeth Drake was convicted after trial of fraud in the amount of $8,950. On the first day of trial, she also pleaded guilty to a separate charge of fraud in the amount of $1,075.
[13] … I note that her crimes were not momentary lapses in judgement or impulsive decisions. Instead they were calculated and protracted crimes.
[18] I accept the joint recommendation of Crown and defence as it does not offend the principles outlined in Anthony-Cook. The joint recommendation is for 18 months’ custody on each charge, concurrent to each other but consecutive to any sentence Ms. Drake is currently serving, including the 18-month period of incarceration she was sentenced to for other crimes on December 15, 2022. … [19] In relation to the s. 380(1)(a) charge, I also sentence Ms. Drake to a period of two years’ probation following her time in prison, as jointly recommended by counsel
- R. v. Drake, 2023 NSSC 59 Court decision, Courts of Nova Scotia