R v. Kingsbury

R v. Kingsbury

The court accepted the joint submission as a fit and proportionate sentence after weighing aggravating and mitigating factors, imposed suspended sentences and two year probation on all convictions with 150 hours community service and a no contact order (except through counsel/professional services), ordered reporting requirements, refused a DNA order based on privacy, low risk and lack of investigative utility, and imposed a $300 victim surcharge.

Citation
2011 BCSC 867
Parties
Crown: Regina; Accused: Jon Donald Kingsbury
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 May 2011
Procedural Posture
Criminal / Sentencing (oral Reasons for Sentence)
Outcome
Convicted on counts of fraudulent impersonation, uttering a forged document and fraud; passing of sentence suspended; two years probation imposed.
Legal Topics
Fraud, Impersonation, Uttering a Forgery, Probation, Community Service, Victim Surcharge, DNA Order, Joint Submission
Source Language
English
Criminal Law Sentencing Fraud Impersonation Uttering a Forgery Probation Community Service Victim Surcharge +2 more

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Parties

Regina

Crown

Jon Donald Kingsbury

Accused

Procedural Posture

Criminal / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate sentence for impersonation, uttering a forgery and fraud
  2. 2 Whether to accept the joint submission on sentence
  3. 3 Whether to order a DNA sample

Ratio Decidendi

The court accepted the joint submission as a fit and proportionate sentence after weighing aggravating and mitigating factors, imposed suspended sentences and two year probation on all convictions with 150 hours community service and a no contact order (except through counsel/professional services), ordered reporting requirements, refused a DNA order based on privacy, low risk and lack of investigative utility, and imposed a $300 victim surcharge.

Court Disposition

Convicted on counts of fraudulent impersonation, uttering a forged document and fraud; passing of sentence suspended; two years probation imposed.

Orders

  • Suspended passing of sentence on Counts 2, 3 and 4
  • Probation for two years on each conviction