R. v. Bent

R. v. Bent

Accused occupied a position of trust and used that position to commit deliberate fraud; despite mitigating factors a discharge would be contrary to the public interest and insufficient for denunciation/deterrence; a nine‑month sentence served in the community as a conditional sentence with specific restrictive conditions and restitution of $522.39 is appropriate.

Citation
2007 NSPC 63
Parties
Crown: Her Majesty the Queen; Accused: Terrence Patrick Bent
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 November 2007
Procedural Posture
Criminal Fraud / Sentencing
Outcome
Guilty plea accepted; sentence imposed: nine months' imprisonment to be served in the community as a conditional sentence; restitution ordered; no victim fine surcharge.
Legal Topics
Conditional Sentence, Restitution, Position of Trust, Discharge, Aggravating and Mitigating Factors
Source Language
English
Criminal Law Sentencing Fraud Employment Law Conditional Sentence Restitution Position of Trust Discharge +1 more

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Parties

Her Majesty the Queen

Crown

Terrence Patrick Bent

Accused

Procedural Posture

Criminal Fraud / Sentencing

Legal Issues

  1. 1 Whether the accused occupied a position of trust in relation to the Department of National Defence
  2. 2 Whether a discharge would be in the accused's best interests and not contrary to the public interest
  3. 3 Appropriate sentence given breach of trust, deterrence and denunciation objectives

Ratio Decidendi

Accused occupied a position of trust and used that position to commit deliberate fraud; despite mitigating factors a discharge would be contrary to the public interest and insufficient for denunciation/deterrence; a nine‑month sentence served in the community as a conditional sentence with specific restrictive conditions and restitution of $522.39 is appropriate.

Court Disposition

Guilty plea accepted; sentence imposed: nine months' imprisonment to be served in the community as a conditional sentence; restitution ordered; no victim fine surcharge.

Orders

  • Nine months' imprisonment to be served in the community pursuant to Criminal Code s.742.1 as a conditional sentence order
  • Keep the peace and be of good behaviour