R. v. Kennedy

R. v. Kennedy

The Crown proved beyond a reasonable doubt that the accused dishonestly obtained and retained the complainant's debit card and PIN and used them to withdraw funds and obtain cash advances. Admitted video evidence and agreed facts directly established multiple transactions by the accused; the pattern, timing and frequency of transactions while the complainant was incapacitated permitted reasonable inference that the accused was responsible for the remaining unadmitted transactions, totalling $29,063.16, satisfying the elements of fraud and unlawful possession.

Citation
2021 NSSC 211
Parties
Prosecution: Her Majesty the Queen; Accused: Diane Christine Kennedy
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 June 2021
Procedural Posture
Criminal / Trial Decision
Outcome
Accused found guilty of fraud contrary to s.380(1)(a) of the Criminal Code and guilty of unlawful possession of a credit/debit card contrary to s.342(1)(c) of the Criminal Code
Legal Topics
Fraud, Unlawful Possession of Credit/debit Card, Circumstantial Evidence, Credibility Assessment, Charter Rights
Source Language
English
Criminal Law Evidence Fraud Unlawful Possession of Credit/debit Card Circumstantial Evidence Credibility Assessment Charter Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Her Majesty the Queen

Prosecution

Diane Christine Kennedy

Accused

Procedural Posture

Criminal / Trial Decision

Legal Issues

  1. 1 Whether the Crown proved the elements of fraud (dishonesty and deprivation) beyond a reasonable doubt
  2. 2 Whether the accused unlawfully possessed and used the victim's debit card and credit card access (s.342(1)(c))
  3. 3 Whether circumstantial evidence permits inference that the accused committed transactions not captured on video

Ratio Decidendi

The Crown proved beyond a reasonable doubt that the accused dishonestly obtained and retained the complainant's debit card and PIN and used them to withdraw funds and obtain cash advances. Admitted video evidence and agreed facts directly established multiple transactions by the accused; the pattern, timing and frequency of transactions while the complainant was incapacitated permitted reasonable inference that the accused was responsible for the remaining unadmitted transactions, totalling $29,063.16, satisfying the elements of fraud and unlawful possession.

Court Disposition

Accused found guilty of fraud contrary to s.380(1)(a) of the Criminal Code and guilty of unlawful possession of a credit/debit card contrary to s.342(1)(c) of the Criminal Code

Orders

  • Convicted of fraud in the amount of $29,063.16 contrary to s.380(1)(a)
  • Convicted of unlawful possession of a debit/credit card contrary to s.342(1)(c)