During trial, accused pled guilty to 4 counts of fraud. Accused convinced various women he had met through on-line dating sites to allow him to invest money with the promise of significant return. Much of the money was never invested, and was used for personal expenses. $295,300 fraud. Defence sought CSO.
Held: 3 years in jail, plus $295,300 restitution order, plus a $295,300 fine pursuant to s. 462.37 CC.
Although the frauds were neither complex nor sophisticated, the accused engaged in planned, persistent and ongoing criminal behaviour. Absence of a breach of trust is not a mitigating factor. 3 years time to pay the fine, with 4 years jail in default of payment. “The restitution order shall take priority over payment of the fine in lieu of forfeiture, and the fine in lieu of forfeiture shall be reduced by any amount paid pursuant to the restitution order: Dhanaswar, 2016 ONCA 229.
L. Hazlett – Defence Counsel