R. v. Winter

R. v. Winter

Because the offence was deliberate, planned and motivated by greed and the offender had committed similar conduct before, incarceration of one year combined with two years' probation and a restitution order under s.738(1) Criminal Code was necessary to denounce, deter, protect the public and promote rehabilitation.

Source-derived case information.

Citation
2002 NSSC 38
Parties
Crown: Her Majesty the Queen; Accused: Kirt Alain Winter
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 January 2002
Procedural Posture
Criminal / Sentencing
Outcome
One year imprisonment; upon release two years probation; restitution ordered in the amount of $56,044.83 under s.738(1) Criminal Code
Legal Topics
Denunciation, Deterrence, Incarceration, Rehabilitation, Restitution Order, Probation Conditions, Mental Health Assessment, Repeat Offender
Source Language
english
Criminal Law Sentencing Fraud Restitution Probation Denunciation Deterrence Incarceration +5 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Crown

Kirt Alain Winter

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate length and type of sentence for deliberate, planned fraud
  2. 2 Whether incarceration is necessary to denounce and deter
  3. 3 Whether restitution should be ordered under s.738(1) of the Criminal Code

Ratio Decidendi

Because the offence was deliberate, planned and motivated by greed and the offender had committed similar conduct before, incarceration of one year combined with two years' probation and a restitution order under s.738(1) Criminal Code was necessary to denounce, deter, protect the public and promote rehabilitation.

Court Disposition

One year imprisonment; upon release two years probation; restitution ordered in the amount of $56,044.83 under s.738(1) Criminal Code

Orders

  • Imprisonment for one year
  • Two years of probation upon release