R. v. Ross and Dawson

R. v. Ross and Dawson

The court held that although the offences were serious, the fraud was not of the large-scale, highly sophisticated kind requiring imprisonment; specific deterrence was not needed given first-time offenders and circumstances; a conditional sentence of two years less a day is appropriate for both accused on s.380(1) and the s.121(1)(b) sentence for Dawson is concurrent, because serving the sentence in the community will not endanger public safety and meets ss.718-718.2 objectives.

Citation
2020 NSSC 70
Parties
Crown: Her Majesty the Queen; Accused: Bry'n Ross; Accused: Harold Dawson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 February 2020
Procedural Posture
Criminal / Sentencing Decision
Outcome
Conditional sentence order of two years less a day imposed on both accused for fraud under s.380(1); identical sentence on s.121(1)(b) for Dawson to be served concurrently.
Legal Topics
Fraud, Breach of Trust, Conditional Sentence, Sentencing Principles
Source Language
English
Criminal Law Sentencing Fraud Breach of Trust Conditional Sentence Sentencing Principles

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Parties

Her Majesty the Queen

Crown

Bry'n Ross

Accused

Harold Dawson

Accused

Procedural Posture

Criminal / Sentencing Decision

Legal Issues

  1. 1 Whether custodial or conditional sentence is appropriate for fraud over $5,000
  2. 2 Whether s.121(1)(b) offence requires consecutive sentence
  3. 3 Quantification of loss and whether fraud is 'large-scale' for aggravating sentencing

Ratio Decidendi

The court held that although the offences were serious, the fraud was not of the large-scale, highly sophisticated kind requiring imprisonment; specific deterrence was not needed given first-time offenders and circumstances; a conditional sentence of two years less a day is appropriate for both accused on s.380(1) and the s.121(1)(b) sentence for Dawson is concurrent, because serving the sentence in the community will not endanger public safety and meets ss.718-718.2 objectives.

Court Disposition

Conditional sentence order of two years less a day imposed on both accused for fraud under s.380(1); identical sentence on s.121(1)(b) for Dawson to be served concurrently.

Orders

  • Impose conditional sentence order of 2 years less a day on Bry'n Ross for s.380(1) fraud
  • Impose conditional sentence order of 2 years less a day on Harold Dawson for s.380(1) fraud