Fraud $5,000 or under
R. v. Connors
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
Mark Blair Connors pleaded guilty to fraud under $5,000 for holding himself out as a professional engineer and stamping electrical plans for two projects with a fabricated engineering seal and number; the Crown proceeded summarily. The Crown sought a three-month conditional sentence followed by 12 months of probation; the defence sought a conditional discharge. Judge van der Hoek imposed the conditional sentence and probation the Crown recommended, finding a discharge contrary to the public interest because the need to protect the public from people posing as professionals was too pressing.
In the judge's words
1That said, I find it is contrary to the public interest that he be discharged. The need to protect the public from those who would hold themselves out as a professional is simply too pressing and important. This was not a one off.
The record
- Convicted of
- Fraud $5,000 or under (CC 380(1)(b))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- Discharge1
- Appeal
- Not yet checked
- Counsel
- Crown: Nathan McLean
Defence: J. Kyle Williams
Sources
- R. v. Connors, 2024 NSPC 6 Court decision, CanLII, January 23, 2024
[29] As previously stated, the Crown seeks a short sharp period of custody, but given the fact a conditional sentence is available and Mr. Connors meets the test for same, asks that he be sentenced to three months followed by twelve months of probation.
[3] Mr. Connors seeks a conditional discharge following successful completion of a period of probation.
[2] Mr. Connors accepted responsibility and entered a guilty plea to a single count of fraud under $5,000.00 involving two proponents between September 8, 2021, and July 26, 2022, contrary to s. 380(1)(b) of the Criminal Code of Canada on a three count Information.
[35] Mitigating circumstances include: (i) a guilty plea that is somewhat attenuated by the overwhelming evidence of guilt, (ii) ceasing activity after receiving the cease-and-desist letter from the regulator, (iii) cooperative and forthcoming with police, a signal of remorse, (iv) without criminal record
[40] … That said, I find it is contrary to the public interest that he be discharged. The need to protect the public from those who would hold themselves out as a professional is simply too pressing and important. This was not a one off.
[29] As previously stated, the Crown seeks a short sharp period of custody, but given the fact a conditional sentence is available and Mr. Connors meets the test for same, asks that he be sentenced to three months followed by twelve months of probation. … [41] Considering all the purposes and principles of sentencing, I sentence Mr. Connors to a short sharp period of custody, but find he meets the test for a conditional sentence in the community in accord with the Crown’s recommendation. It will be followed by a period of probation with the conditions recommended by the Crown.
- Criminal Code, s. 380 Record, Justice Laws Website
- R. v. Connors, 2024 NSPC 6 Court decision, Courts of Nova Scotia