Fraud over $5,000
R v. Banks
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Terry Banks was found guilty after trial of fraud and theft over $5,000 for obtaining about 820,000 pounds of lobster from a Nova Scotia fish company in 2014 and 2015 through a scheme with its sales manager; the theft conviction was stayed. The judge found the two-year mandatory minimum for frauds over $1 million applied. The Crown sought six years' imprisonment; Justice Muise imposed five years, with an $800,000 restitution order and an $800,000 fine in lieu of forfeiture, noting that he had already served four years for a comparable fraud.
In the judge's words
1However, he has already served four years’ incarceration for a comparable offence involving amounts exceeding $2M. Considering these points, as well as the points I have noted in discussing the circumstances of this case and the applicable principles, objectives and legislative directives, I conclude that a fit and proper sentence in the case at hand is one of five years’ incarceration.
The record
- Convicted of
- Fraud over $5,000 (CC 380(1)(a))
- Prior convictions
- 3 prior convictions1
- At the time of the offence
- Not stated1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: Richard Miller, Peter Dostal
Defence: Michael Power
Sources
- R v. Banks, 2024 NSSC 415 Court decision, CanLII, June 19, 2024
[25] Emphasizing, Mr. Banks’ prior 4-year sentence of imprisonment for fraud involving a $2.5M restitution order, the quantum of the loss and deprivation to Independent Fisheries, the sophistication and duration of the fraudulent scheme, and the involvement of Mr. Malone who was in a position of trust vis-à-vis Independent Fisheries, the Crown requests a sentence of six years’ imprisonment.
[23] Therefore, the mandatory minimum sentence of two years’ imprisonment noted in s. 380(1.1) applies.
[1] On January 12, 2024, I rendered an oral decision following trial in which I found Terry Banks guilty of one count of fraud and one count of theft, both over $5,000, and both relating to lobsters obtained from Independent Fisheries Limited between December 1, 2014, and June 30, 2015.
[42] … He has a criminal record for an identical pair of offences involving a loss of at least $2.5M for which he was sentenced to four years’ incarceration in 2008. … He was also sentenced to a 22-month CSO in 2014 for a further theft offence, which also obviously had little deterrent effect.
[65] … However, he has already served four years’ incarceration for a comparable offence involving amounts exceeding $2M. Considering these points, as well as the points I have noted in discussing the circumstances of this case and the applicable principles, objectives and legislative directives, I conclude that a fit and proper sentence in the case at hand is one of five years’ incarceration.
[65] … I conclude that a fit and proper sentence in the case at hand is one of five years’ incarceration.
- R v. Banks, 2024 NSSC 415 Court decision, Courts of Nova Scotia