Fraud over $5,000

R. v. Earl

Sentence and the Crown's position

Crown asked6 years in custody1
Judge imposedSix years' imprisonment, plus $1 million restitution order1

What the law allows

Maximum14 years
Crown asked6 years in custody
Judge imposed6 years in custody
Defence asked2 years less a day 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 43% of the maximum. Read the section.

Carey Suzanne Earl was convicted by a jury of defrauding her employer, for which she worked as bookkeeper, of more than $5,000; the judge found she took well over $1 million over seven years. The Crown sought six to eight years' imprisonment and the defence a conditional sentence of two years less a day. Justice G.P. Weatherill imposed six years' imprisonment and a $1 million restitution order, citing general deterrence, denunciation and the breach of trust.

In the judge's words

Anything less would fail to adequately punish and denounce you for the magnitude of your wrongdoing or properly express this Court's condemnation and repudiation of it or recognize the high degree of your moral responsibility for wilfully, deliberately, and repetitively stealing significant amounts of money from your employer who trusted you, for your own selfish use.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years less a day conditional sentence1
Appeal
Not yet checked
Counsel
Crown: J.N. Saris
Defence: M.J. Chiu

Sources

  1. R. v. Earl, 2024 BCSC 971 Court decision, CanLII, May 15, 2024[18] The Crown argues that the proper range of sentence for Ms. Earl, given the nature of the offence and the magnitude of the amount involved is between six- and eight-years' imprisonment.[19] On Ms. Earl's behalf, Mr. Chiu seeks a sentence of two years less one day to be served by way of a conditional sentence order.[2] On October 25, 2023, a jury convicted Ms. Earl of defrauding her employer, Access Human Resources ("AHR"), of monies in excess of $5,000[23] She is currently age 62 and has no prior criminal convictions. This is her first offence.[46] Ms. Earl, I intend to endorse the Crown's submission by imposing a sentence of six years' imprisonment. Anything less would fail to adequately punish and denounce you for the magnitude of your wrongdoing or properly express this Court's condemnation and repudiation of it or recognize the high degree of your moral responsibility for wilfully, deliberately, and repetitively stealing significant amounts of money from your employer who trusted you, for your own selfish use.[46] Ms. Earl, I intend to endorse the Crown's submission by imposing a sentence of six years' imprisonment.
  2. R. v. Earl, 2024 BCSC 971 Court decision, Courts of British Columbia

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