R. v. Surette

R. v. Surette

Given the extensive aggravating factors (multiple, prolonged frauds against vulnerable victims, prior related convictions, and offending while subject to conditional sentence/recognizance) denunciation and deterrence required significant custody. Applying totality and parity the court fixed fit individual terms then ensured aggregate proportionality and imposed a global custodial sentence of 44 months, granted stand-alone restitution of $38,841.50, declared proceeds of crime and imposed a fine in lieu of forfeiture of $45,812.53 (reduced by restitution payments and with restitution taking priority), awarded 14 months enhanced pre-sentence credit resulting in a 30-month go-forward sentence...

Citation
2019 NSPC 46
Parties
Crown: Her Majesty The Queen; Accused: Michael David Surette
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 August 2019
Procedural Posture
Criminal Fraud and Breach of Recognizance / Sentencing
Outcome
Accused convicted on guilty pleas; global custody sentence imposed and ancillary orders granted
Legal Topics
Fraud, Breach of Recognizance, Restitution, Fine in Lieu of Forfeiture, Pre Sentence Custody Credit, Prohibition Order
Source Language
English
Criminal Law Sentencing Proceeds of Crime Victims' Rights Fraud Breach of Recognizance Restitution Fine in Lieu of Forfeiture +2 more

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Parties

Her Majesty The Queen

Crown

Michael David Surette

Accused

Procedural Posture

Criminal Fraud and Breach of Recognizance / Sentencing

Legal Issues

  1. 1 Appropriate global sentence for multiple frauds and breaches
  2. 2 Application of totality and parity principles for consecutive/concurrent sentences
  3. 3 Availability and quantum of pre-sentence custody credit given amendments to s.719 and s.11(i) Charter

Ratio Decidendi

Given the extensive aggravating factors (multiple, prolonged frauds against vulnerable victims, prior related convictions, and offending while subject to conditional sentence/recognizance) denunciation and deterrence required significant custody. Applying totality and parity the court fixed fit individual terms then ensured aggregate proportionality and imposed a global custodial sentence of 44 months, granted stand-alone restitution of $38,841.50, declared proceeds of crime and imposed a fine in lieu of forfeiture of $45,812.53 (reduced by restitution payments and with restitution taking priority), awarded 14 months enhanced pre-sentence credit resulting in a 30-month go-forward sentence...

Court Disposition

Accused convicted on guilty pleas; global custody sentence imposed and ancillary orders granted

Orders

  • Global sentence of 44 months imprisonment
  • Pre-sentence custody credit of 14 months applied overall (resulting in a 30-month go-forward sentence on the principal 13-count information; other informations treated as time served as credited)