R. v. Bateman

R. v. Bateman

The defendant Bateman and defendant Smith knowingly engaged in a pattern of objectively dishonest vehicle/cheque swapping and related transactions that disproportionately benefited Justincredible and deprived Summit; they knew or were wilfully blind that the conduct risked or caused deprivation to the corporate victim, thereby satisfying the elements of fraud under s.380(1)(a); proceeds passed through Justincredible and were received by Bateman and Smith/family such that possession of proceeds contrary to s.354(1) is established for both; the Crown failed to prove beyond a reasonable doubt that Smith intended to intimidate justice participants under s.423.1(1).

Citation
2023 NSPC 25
Parties
Crown: His Majesty the King; Accused: Darren Bateman; Accused: Orlando Smith
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 March 2023
Procedural Posture
Criminal / Trial Decision on Trial (guilty/acquittal)
Outcome
Judgment: Darren Bateman and Orlando Smith convicted of fraud (s.380(1)(a)) for the car/cheque swapping scheme; Bateman convicted of fraud on specified individual vehicle transactions; both convicted of possession of proceeds of crime (s.354(1)); Orlando Smith acquitted of intimidation (s.423.1(1))
Legal Topics
Fraud, Possession of Proceeds of Crime, Intimidation of a Justice Participant, Party Liability, Corporate Victim
Source Language
English
Criminal Law Commercial Law Evidence Fraud Possession of Proceeds of Crime Intimidation of a Justice Participant Party Liability Corporate Victim

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Parties

His Majesty the King

Crown

Darren Bateman

Accused

Orlando Smith

Accused

Procedural Posture

Criminal / Trial Decision on Trial (guilty/acquittal)

Legal Issues

  1. 1 Whether Bateman and Smith committed fraud contrary to s.380(1)(a) by car/cheque swapping and by specific vehicle transactions
  2. 2 Whether Bateman and Smith possessed proceeds of crime contrary to s.354(1)
  3. 3 Whether Smith committed intimidation of a justice participant contrary to s.423.1(1)

Ratio Decidendi

The defendant Bateman and defendant Smith knowingly engaged in a pattern of objectively dishonest vehicle/cheque swapping and related transactions that disproportionately benefited Justincredible and deprived Summit; they knew or were wilfully blind that the conduct risked or caused deprivation to the corporate victim, thereby satisfying the elements of fraud under s.380(1)(a); proceeds passed through Justincredible and were received by Bateman and Smith/family such that possession of proceeds contrary to s.354(1) is established for both; the Crown failed to prove beyond a reasonable doubt that Smith intended to intimidate justice participants under s.423.1(1).

Court Disposition

Judgment: Darren Bateman and Orlando Smith convicted of fraud (s.380(1)(a)) for the car/cheque swapping scheme; Bateman convicted of fraud on specified individual vehicle transactions; both convicted of possession of proceeds of crime (s.354(1)); Orlando Smith acquitted of intimidation (s.423.1(1))

Orders

  • Darren Bateman: Convicted on Count 2 (fraud) in relation to the general car swapping/cheque exchange and specific vehicles 7,10,13,16,17,22,23,24,25,26
  • Orlando Smith: Convicted on Count 2 (fraud) in relation to the general car swapping/cheque exchange and specific vehicles 22,23,24,25,26