R. v. Edrissi

R. v. Edrissi

Although the Crown proved the accused failed to volunteer his ongoing supervisory involvement with SEB and Bistro Aubergine and that this failure put the WCB at risk of deprivation, the Crown did not prove beyond a reasonable doubt that the accused acted dishonestly with intent to defraud; the accused's...

Source-derived case information.

Citation
2016 BCSC 1937
Parties
Crown/prosecution: Regina; Accused/defendant: Friedown Edrissi
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 October 2016
Procedural Posture
Criminal Fraud (s.380(1)(a) Criminal Code) / Trial Reasons for Judgment (acquittal)
Outcome
Acquitted - Not guilty
Legal Topics
Fraud by Deception, Dishonesty Standard, WCB Benefit Reporting, Surveillance Evidence, Credibility Assessment, Legal Standard of Proof
Source Language
english
Criminal Law Fraud Workers' Compensation Law Evidence Fraud by Deception Dishonesty Standard WCB Benefit Reporting Surveillance Evidence +2 more

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Parties

Regina

Crown/prosecution

Friedown Edrissi

Accused/defendant

Procedural Posture

Criminal Fraud (s.380(1)(a) Criminal Code) / Trial Reasons for Judgment (acquittal)

Legal Issues

  1. 1 Whether the accused obtained WCB wage loss benefits by deceit, falsehood or other fraudulent means
  2. 2 Whether the accused intentionally acted dishonestly when he failed to disclose ongoing involvement with SEB and Bistro Aubergine
  3. 3 Whether the non-disclosure caused or put the WCB at risk of deprivation

Ratio Decidendi

Although the Crown proved the accused failed to volunteer his ongoing supervisory involvement with SEB and Bistro Aubergine and that this failure put the WCB at risk of deprivation, the Crown did not prove beyond a reasonable doubt that the accused acted dishonestly with intent to defraud; the accused's misunderstanding of WCB requirements and credible evidence created a reasonable doubt as to intent, requiring acquittal under s.380(1)(a).

Court Disposition

Acquitted - Not guilty

Orders

  • Accused found not guilty of fraud contrary to s.380(1)(a) of the Criminal Code
  • No conviction entered