R. v. Zinck

R. v. Zinck

The offender committed deliberate, planned fraud and breach of trust totalling $8,400 by exploiting his office; the conduct required denunciation and deterrence and a custodial sentence was appropriate; conditional discharge or conditional sentence would not sufficiently reflect sentencing principles, therefore concurrent four month imprisonment and 12 months probation with conditions was imposed and the theft count was stayed under Kienapple.

Citation
2013 NSSC 338
Parties
Crown: Her Majesty the Queen; Offender: Trevor John Zinck
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 October 2013
Procedural Posture
Criminal / Sentencing Decision
Outcome
Convicted on counts 1 (fraud under s.380(1)(a)) and 3 (fraud/breach of trust under s.122); count 2 (theft s.334(a)) conditionally stayed under Kienapple; sentenced to 4 months imprisonment concurrent on both convictions and 12 months probation to follow.
Legal Topics
Fraud, Theft, Breach of Trust, Sentencing, Public Office Misconduct
Source Language
English
Criminal Law Public Law Fraud Theft Breach of Trust Sentencing Public Office Misconduct

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Parties

Her Majesty the Queen

Crown

Trevor John Zinck

Offender

Procedural Posture

Criminal / Sentencing Decision

Legal Issues

  1. 1 Whether the conduct was wilful fraud or mere recklessness
  2. 2 Appropriate sentence given breach of public trust and planning/duration of offence
  3. 3 Whether conditional sentence or discharge is appropriate and available

Ratio Decidendi

The offender committed deliberate, planned fraud and breach of trust totalling $8,400 by exploiting his office; the conduct required denunciation and deterrence and a custodial sentence was appropriate; conditional discharge or conditional sentence would not sufficiently reflect sentencing principles, therefore concurrent four month imprisonment and 12 months probation with conditions was imposed and the theft count was stayed under Kienapple.

Court Disposition

Convicted on counts 1 (fraud under s.380(1)(a)) and 3 (fraud/breach of trust under s.122); count 2 (theft s.334(a)) conditionally stayed under Kienapple; sentenced to 4 months imprisonment concurrent on both convictions and 12 months probation to follow.

Orders

  • Custodial sentence of 4 months incarceration (to be served concurrently for both convictions)
  • Count 2 stayed based on Kienapple principle