R v Kitch

R v Kitch

A custodial sentence of nine months was necessary because the aggravating factors (senior position of trust as CEO, prolonged and numerous personal uses of public resources, motive of greed, lack of meaningful insight, reputational and institutional harm) outweighed mitigating factors (first offender, repayment); a CSO would not adequately achieve denunciation and deterrence in this case; impose 9 months custody, 24 months probation, ancillary order under s.380.3 for 10 years, and waive victim fine surcharge.

Citation
2026 NSPC 6
Parties
Crown: His Majesty the King; Accused: Tracey Leanne Kitch
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 February 2026
Procedural Posture
Criminal Fraud (s.380(1)(a) Criminal Code) / Sentencing
Outcome
Guilty conviction affirmed; sentence imposed: nine months custody, followed by 24 months probation; ancillary order under s.380.3 for ten years; victim fine surcharge not imposed.
Legal Topics
Breach of Trust, Conditional Sentence Order, Denunciation and Deterrence, Aggravating and Mitigating Factors, Restitution
Source Language
English
Criminal Law Sentencing Fraud White Collar Crime Breach of Trust Conditional Sentence Order Denunciation and Deterrence Aggravating and Mitigating Factors +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

His Majesty the King

Crown

Tracey Leanne Kitch

Accused

Procedural Posture

Criminal Fraud (s.380(1)(a) Criminal Code) / Sentencing

Legal Issues

  1. 1 Whether a Conditional Sentence Order is consistent with the purposes and principles of sentencing in this breach of trust fraud
  2. 2 Appropriate quantum and form of sentence given the offender's position, conduct, repayment and lack of insight
  3. 3 Application of aggravating and mitigating factors including position of trust, duration and number of transactions, restitution and remorse

Ratio Decidendi

A custodial sentence of nine months was necessary because the aggravating factors (senior position of trust as CEO, prolonged and numerous personal uses of public resources, motive of greed, lack of meaningful insight, reputational and institutional harm) outweighed mitigating factors (first offender, repayment); a CSO would not adequately achieve denunciation and deterrence in this case; impose 9 months custody, 24 months probation, ancillary order under s.380.3 for 10 years, and waive victim fine surcharge.

Court Disposition

Guilty conviction affirmed; sentence imposed: nine months custody, followed by 24 months probation; ancillary order under s.380.3 for ten years; victim fine surcharge not imposed.

Orders

  • Incarceration: 9 months custody
  • Probation: 24 months following custody