R. v. Minnie and Shaw

R. v. Minnie and Shaw

Court accepted the jury's implied findings that 'Andrew Fuller' and the investment scheme were fictitious and that Minnie was the principal architect; applying s.718 factors and precedents the court sentenced Minnie to five years' imprisonment (concurrent) and Shaw to two years less a day to be served by conditional sentence followed by three years' probation, imposed $100 victim surcharges and declined restitution for Minnie due to inability to pay.

Citation
2007 BCSC 433
Parties
Crown: Regina; Accused: Terry James Minnie; Accused: Raymond Patrick Shaw
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 March 2007
Procedural Posture
Criminal Fraud and Theft / Sentencing (post Conviction)
Outcome
Minnie convicted on multiple fraud and theft counts and sentenced to five years' imprisonment concurrent; Shaw convicted on limited counts and sentenced to two years less a day to be served as a conditional sentence, followed by three years' probation; victim surcharges imposed; no restitution order for Minnie.
Legal Topics
Fraud by False Representation, Theft, Conditional Sentence, Victim Surcharge, Breach of Trust, Wilful Blindness, Sentencing Principles, Restitution
Source Language
English
Criminal Law Fraud Theft Sentencing Fraud by False Representation Conditional Sentence Victim Surcharge Breach of Trust +3 more

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Parties

Regina

Crown

Terry James Minnie

Accused

Raymond Patrick Shaw

Accused

Procedural Posture

Criminal Fraud and Theft / Sentencing (post Conviction)

Legal Issues

  1. 1 Appropriate sentence for fraud and theft offences
  2. 2 Application of s.724(2) Criminal Code re facts implied by jury verdict
  3. 3 Whether Shaw should receive a conditional sentence versus incarceration

Ratio Decidendi

Court accepted the jury's implied findings that 'Andrew Fuller' and the investment scheme were fictitious and that Minnie was the principal architect; applying s.718 factors and precedents the court sentenced Minnie to five years' imprisonment (concurrent) and Shaw to two years less a day to be served by conditional sentence followed by three years' probation, imposed $100 victim surcharges and declined restitution for Minnie due to inability to pay.

Court Disposition

Minnie convicted on multiple fraud and theft counts and sentenced to five years' imprisonment concurrent; Shaw convicted on limited counts and sentenced to two years less a day to be served as a conditional sentence, followed by three years' probation; victim surcharges imposed; no restitution order for Minnie.

Orders

  • Terry James Minnie: five years imprisonment on each count of conviction to be served concurrently
  • Terry James Minnie: victim surcharge of $100 on each count of conviction