R. v. Ford

R. v. Ford

A conditional sentence would not adequately achieve the required denunciation and general deterrence for this large, sophisticated, 15-month fraud involving an abuse of professional trust and significant public funds; therefore impose custody: 12 months for fraud concurrent with two six-month forgery-related terms, followed by 12 months probation, and restitution of $322,634 to Health Canada (NIHB).

Citation
2012 NSSC 340
Parties
Crown: Her Majesty the Queen; Accused: Joanne Ford
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 September 2012
Procedural Posture
Criminal Fraud and Forgery / Sentencing
Outcome
Guilty plea accepted; custodial sentence imposed with concurrent terms; probation and restitution ordered
Legal Topics
Conditional Sentence, Restitution, Abuse of Trust, Aggravating and Mitigating Factors, Plea and Mitigation
Source Language
English
Criminal Law Sentencing Fraud Regulatory/health Law Conditional Sentence Restitution Abuse of Trust Aggravating and Mitigating Factors +1 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Joanne Ford

Accused

Procedural Posture

Criminal Fraud and Forgery / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence is appropriate
  2. 2 Appropriate custodial term for large-scale fraud and related forgeries
  3. 3 Significance of abuse of position of trust as aggravating factor

Ratio Decidendi

A conditional sentence would not adequately achieve the required denunciation and general deterrence for this large, sophisticated, 15-month fraud involving an abuse of professional trust and significant public funds; therefore impose custody: 12 months for fraud concurrent with two six-month forgery-related terms, followed by 12 months probation, and restitution of $322,634 to Health Canada (NIHB).

Court Disposition

Guilty plea accepted; custodial sentence imposed with concurrent terms; probation and restitution ordered

Orders

  • Imprisonment: 12 months custody on fraud (s.380(1)(a)), concurrent with 6 months custody on s.367(a) and 6 months custody on s.368(1)(b)
  • Probation: 12 months following release with conditions to keep the peace and be of good behaviour, appear when required, notify court/probation officer of name/address/employment changes, report within two working days of release and as directed