R. v. Ajibade

The trial judge rejected the accused's account as not credible, concluded the Crown proved the elements of fraud (actus reus and mens rea) beyond a reasonable doubt, and found the accused knew or was wilfully blind to the fraudulent diversion of funds, warranting conviction under s.380(1)(a); impersonation counts were dismissed for lack of evidence.

Citation: 2022 NSPC 1
Parties: Crown: Her Majesty the Queen; Accused: Ayoola Ajibade
Court: Nova Scotia Provincial Court
Jurisdiction: Canada
Judgment Date: 10 January 2022
Procedural Posture: Criminal / Trial Judgment (conviction)
Outcome: Convicted of fraud under s.380(1)(a) of the Criminal Code; counts of impersonation under s.403 dismissed.
Legal Topics: Fraud, Wilful Blindness, Impersonation, Credibility, Jurisdiction
Source Language: English

Criminal Law Fraud Wilful Blindness Impersonation Credibility Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 19 Party arguments 2 Amounts and remedies 2

Parties

Her Majesty the Queen

Crown

Ayoola Ajibade

Accused

Procedural Posture

Criminal / Trial Judgment (conviction)

Legal Issues

1 Whether the accused committed fraud contrary to s.380(1)(a) of the Criminal Code
2 Whether the accused committed impersonation contrary to s.403 of the Criminal Code
3 Whether wilful blindness can be imputed to the accused

Ratio Decidendi

Court Disposition

Convicted of fraud under s.380(1)(a) of the Criminal Code; counts of impersonation under s.403 dismissed.

Orders

Convicted of fraud contrary to s.380(1)(a) of the Criminal Code.
Counts of impersonation under s.403 of the Criminal Code dismissed.