R. v. Pottie

R. v. Pottie

The court found the statutory criteria for a conditional sentence satisfied (no minimum term, no danger to community, term under two years) and determined that an 18-month conditional sentence served by residence restriction (house arrest) with onerous conditions followed by one year non-reporting probation adequately fulfilled the sentencing objectives of denunciation and general deterrence while avoiding unnecessary deprivation of liberty; the court ordered full restitution of $46,475 and waived the victim surcharge.

Citation
2003 NSSC 263
Parties
Crown: Her Majesty the Queen; Accused: Clifford Earle Pottie
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 August 2003
Procedural Posture
Criminal / Sentencing
Outcome
Conditional sentence of 18 months to be served in the community (primarily house arrest) followed by one year non-reporting probation; restitution of $46,475 ordered; victim surcharge waived.
Legal Topics
Breach of Trust, Embezzlement, Conditional Sentence Criteria, Denunciation, General Deterrence, Victim Surcharge Waiver
Source Language
English
Criminal Law Sentencing Fraud Restitution Conditional Sentences Breach of Trust Embezzlement Conditional Sentence Criteria +3 more

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Parties

Her Majesty the Queen

Crown

Clifford Earle Pottie

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence is appropriate for s.380(1)(a) fraud exceeding $5,000
  2. 2 Whether denunciation and general deterrence require incarceration rather than a conditional sentence
  3. 3 Whether restitution should be ordered and whether the victim surcharge should be waived

Ratio Decidendi

The court found the statutory criteria for a conditional sentence satisfied (no minimum term, no danger to community, term under two years) and determined that an 18-month conditional sentence served by residence restriction (house arrest) with onerous conditions followed by one year non-reporting probation adequately fulfilled the sentencing objectives of denunciation and general deterrence while avoiding unnecessary deprivation of liberty; the court ordered full restitution of $46,475 and waived the victim surcharge.

Court Disposition

Conditional sentence of 18 months to be served in the community (primarily house arrest) followed by one year non-reporting probation; restitution of $46,475 ordered; victim surcharge waived.

Orders

  • Impose an 18 month period of incarceration to be served in the community as a conditional sentence with mandatory conditions: keep the peace and be of good behaviour; appear before the court when required; report to a supervisor within two working days and thereafter as directed; remain within the jurisdiction...
  • Optional/extra conditions under s.742.3(2): perform 80 hours of community service over 12 months as directed by supervisor.