Fraud over $5,000, Use, trafficking or possession of forged document, Attempted fraud over $5,000
R. v. White
Sentence and the Crown's position
What the law allows
Norlene Dale White was convicted by a jury of four counts of fraud over $5,000, two counts of uttering a forged document and one count of attempted fraud for defrauding the provincial Ministry of Social Development and Poverty Reduction of $351,538.99 over 17 years. The Crown sought 2.5 years; the defence sought a conditional sentence of two years less a day followed by probation. Justice Giaschi found a conditional sentence unavailable and imposed 2.5 years after reducing a three-year total for totality, with restitution of the full amount.
In the judge's words
1Finally, and most importantly in my view, given the number of offences, the total amount of the fraud, and the lengthy period of time over which the frauds occurred, and the importance of denunciation and deterrence as sentencing objectives, a fit and proper sentence in this case demands a term of incarceration exceeding in total two years' imprisonment.
The record
- Convicted of
- Fraud over $5,000 (CC 380(1)(a), 4 counts)
- Use, trafficking or possession of forged document (CC 368(1), 2 counts)
- Attempted fraud over $5,000 (CC 463(b)/380(1)(a))
- 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: C. Lo
Defence: M.A. Patterson
Sources
- R. v. White, 2025 BCSC 2333 Court decision, CanLII, October 17, 2025
[6] The defendant now appears before me for sentencing. The Crown submits that a fit and proper sentence is 2.5 years.
The defendant submits the sentence should be two years less a day to be served in the community pursuant to s. 742.1 of the Criminal Code, and to be followed by three years of probation.
[48] There are no prescribed minimum sentences for any of the offences of which the defendant has been convicted.
Norlene Dale White
The absence of a criminal record is a mitigating factor, as is the defendant's devotion and dedication to the care of her sisters.
[118] Finally, and most importantly in my view, given the number of offences, the total amount of the fraud, and the lengthy period of time over which the frauds occurred, and the importance of denunciation and deterrence as sentencing objectives, a fit and proper sentence in this case demands a term of incarceration exceeding in total two years' imprisonment.
[128] The Crown has proposed an overall sentence of 2.5 years. Frankly, I consider that the Crown's position is quite generous to the accused. However, given the Crown's position and taking into account the defendant's age, I reduce the overall sentence to 2.5 years.
- R. v. White, 2025 BCSC 2333 Court decision, Courts of British Columbia