Fraud over $5,000
R v Chen
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
Dan Chen was found guilty after trial of defrauding her husband's parents of almost $400,000 by forging cheques; she repaid the full amount before charges were laid. The Crown sought 26 to 32 months in custody and the defence a conditional sentence of two years less a day. Judge Buckle imposed a conditional sentence of two years less a day followed by three years of probation, citing the collateral consequences of incarceration.
In the judge's words
1In my view, having regard to the collateral consequences, incarcerating her in an institution would be a disproportionate sentence, interfere with her rehabilitation, and ultimately not protect the public or contribute to respect for the law and the maintenance of a just, peaceful, and safe society.
The record
- Convicted of
- Fraud over $5,000 (CC 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: Paul Neifer and Grace Butler
Defence: Matt Kennedy
Sources
- R v Chen, 2026 NSPC 47 Court decision, CanLII, July 24, 2026
[5] The Crown recommended a custodial sentence in the range of 26 to 32 months.
[6] The Defence sought a conditional sentence of imprisonment of two years less a day to be served in the community, to be followed by three years of probation.
[136] A conditional sentence order is not statutorily precluded here as there is no mandatory minimum sentence.
[1] This is the sentencing decision for Dan Chen.
[43] She does not have a criminal record.
[145] In my view, having regard to the collateral consequences, incarcerating her in an institution would be a disproportionate sentence, interfere with her rehabilitation, and ultimately not protect the public or contribute to respect for the law and the maintenance of a just, peaceful, and safe society.
[147] Therefore, I sentence Ms. Chen to a period of custody of two years less a day to be served in the community under conditions. That sentence will be followed by a period of probation of three years.
- R v Chen, 2026 NSPC 47 Court decision, Courts of Nova Scotia