July 13th, 2018

Self-Help No Defence To Fraud Charge – R v Suzi, 2018 Leduc Provincial Court

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Fraud trial. Accused cashed a cheque from his former roommate without authorization. Accused testified that he believed the complainant owed him money for rent. Issue of whether accused could rely on the self-help doctrine as a defence. Held: Conviction. As per Kingsbury, 2012 BCCA 462, and Must, 2011 ONCA 390, an accused’s personal belief that … Read More.

February 9th, 2017

R v Song, 2017 ABPC 13 per MacDonald, PCJ:

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Accused pleaded guilty to fraud. $5,000 – $6800 theft from employer. While working as a sales representative at The Bay, the accused conducted 16 fraudulent refunds. 22 years old. No record. Remorseful. Accused subject to deportation to China if convicted. Defence application for a conditional discharge. Held: 6 month CSO. Discharge would not be a … Read More.

January 12th, 2017

R v Walker, 2016 ABQB 695 per Ackerl, J:

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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 … Read More.

January 5th, 2017

R v Iyer, 2016 ABCA 407 per Greckol, J:

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Application for bail pending appeal. Accused convicted of real estate fraud following a year long jury trial. 7 year sentence imposed. Accused had been on bail throughout the trial. Held: Application granted. As per Sidhu, 2015 ABCA 308 the public interest test involves a balancing of the interest in immediately enforcing a conviction against the … Read More.

December 15th, 2016

R v Biletsky, 2016 ABPC 261 per Barley, PCJ:

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Accused pleaded guilty to fraud over $5000. Accused stole $17,797.50 from a community association that he served as a president of. Accused later forged a letter, claiming to be a lawyer, threatening to sue the association if details of his resignation were made public. Prior record for tax evasion. Guilty plea entered on morning of … Read More.

July 16th, 2015

R. v. Hatfield, 2015 ABCA 124 per Berger, Paperney, Brown JA – Trial Judge Hunt-McDonald, J

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Crown appeal from 12 month CSO followed by probation for a $9,4347.22 theft from employer. Minimal CSO conditions imposed. $7,000.00 repaid. Accused was in an abusive relationship and is the primary parent of an 11 year old. Held: Appeal allowed. Curfew condition added to the CSO. “We agree with the Crown’s submission that the sentence … Read More.