Fraud over $5,000, Identity theft

R. v. Anthony

Sentence and the Crown's position

Crown asked1 year in custody1
Judge imposed12 months conditional sentence, then 12 months probation1
1 year less custody than the Crown asked

A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.

What the law allows

Maximum14 years
Crown asked1 year in custody
Judge imposed1 year conditional sentence
Defence asked10 months 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 7% of the maximum. Read the section.

Nicholas Kenneth Anthony pleaded guilty to two counts of identity theft and two counts of fraud over $5,000 after using other people's identities to obtain two luxury vehicles from dealerships in Richmond and Surrey in 2023. The Crown sought 12 months in custody; the defence sought a 10-month conditional sentence. Justice Sukstorf found 12 months' imprisonment fit and ordered it served in the community as a conditional sentence, followed by 12 months' probation, citing his rehabilitation and three years on bail without incident.

In the judge's words

Having considered all the circumstances, I am satisfied that serving the sentence in the community would not endanger community safety and would be consistent with the fundamental purpose and principles of sentencing.

1

The record

Convicted of
Prior convictions
1 prior conviction1
At the time of the offence
Not stated1
Defence asked for
10 months conditional sentence1
Appeal
Not yet checked
Counsel
Crown: P. Bhatti
Defence: C. St. Germain

Sources

  1. R. v. Anthony, 2026 BCSC 1264 Court decision, CanLII, June 29, 2026[6] The Crown seeks a global custodial sentence of 12 months' imprisonment followed by a two-year probation order.[9] The defence seeks a 10-month conditional sentence order consisting of three months of house arrest, followed by three months subject to an 8:00 p.m. curfew and four months subject to a 10:00 p.m. curfew.[102] The first two prerequisites are met. The offences are not subject to mandatory minimum sentences, and I have determined that a fit sentence is 12 months' imprisonment.[2] Nicholas Kenneth Anthony appears before the Court for sentencing after entering guilty pleas to two counts of possession of another person's identity with intent to commit an indictable offence contrary to s. 402.2(1) of the Criminal Code, R.S.C. 1985, c. C-46, and two counts of fraud over $5,000 contrary to s. 380(1)(a) of the Criminal Code.[77] The aggravating factors are as follows: … f) Mr. Anthony's prior conviction for possession or use of a stolen credit card.[111] Having considered all the circumstances, I am satisfied that serving the sentence in the community would not endanger community safety and would be consistent with the fundamental purpose and principles of sentencing.[114] On Counts 1, 3, 4, and 5, I sentence you to 12 months' imprisonment, to be served in the community pursuant to a conditional sentence order, followed by 12 months' probation, together with the following ancillary orders.
  2. R. v. Anthony, 2026 BCSC 1264 Court decision, Courts of British Columbia

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