R. v. Buchan

R. v. Buchan

Conviction for fraud under s.380(1) is supported because the Crown proved beyond reasonable doubt that the accused made extensive unauthorized cash advances on a Band credit card, concealed the conduct and therefore had the requisite subjective mens rea; conviction for theft under s.334(a) is also supported but a conditional stay is entered on the theft conviction under the Kienapple principle because it arises from the same factual nexus as the fraud; acquittal on s.122 breach of trust because the misuse was for the accused's personal purposes and therefore not conduct in connection with official duties.

Citation
2014 BCSC 2591
Parties
Crown: Regina; Accused: Craig Allen Buchan
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 November 2014
Procedural Posture
Criminal / Trial Verdict / Judgment
Outcome
Accused convicted of fraud (s.380(1)); convicted of theft (s.334(a)) but conviction for theft conditionally stayed under Kienapple; acquitted of breach of trust (s.122).
Legal Topics
Fraud, Theft, Breach of Trust, Kienapple (prohibition on Double Convictions), Mens Rea
Source Language
English
Criminal Law Indigenous/first Nations Governance Fraud Theft Breach of Trust Kienapple (prohibition on Double Convictions) Mens Rea

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Parties

Regina

Crown

Craig Allen Buchan

Accused

Procedural Posture

Criminal / Trial Verdict / Judgment

Legal Issues

  1. 1 Whether the accused committed fraud under s.380(1) of the Criminal Code
  2. 2 Whether the accused committed theft over $5,000 under s.334(a) of the Criminal Code
  3. 3 Whether the accused, as a public official, breached trust under s.122 of the Criminal Code by using the Band credit card

Ratio Decidendi

Conviction for fraud under s.380(1) is supported because the Crown proved beyond reasonable doubt that the accused made extensive unauthorized cash advances on a Band credit card, concealed the conduct and therefore had the requisite subjective mens rea; conviction for theft under s.334(a) is also supported but a conditional stay is entered on the theft conviction under the Kienapple principle because it arises from the same factual nexus as the fraud; acquittal on s.122 breach of trust because the misuse was for the accused's personal purposes and therefore not conduct in connection with official duties.

Court Disposition

Accused convicted of fraud (s.380(1)); convicted of theft (s.334(a)) but conviction for theft conditionally stayed under Kienapple; acquitted of breach of trust (s.122).

Orders

  • Count 2: Conviction entered for fraud contrary to s.380(1) of the Criminal Code
  • Count 3: Conviction entered for theft contrary to s.334(a) of the Criminal Code; conditional stay entered on this conviction under R. v. Kienapple