R. v. Barker

R. v. Barker

Despite seriousness of exploiting an elderly, incapacitated victim and the availability of custodial sentences, the court found that factors including defendants' advanced ages, health, lack of criminal records, demonstrated remorse, agreement to restitution, and likelihood of remediation justified suspending sentence and imposing three-year probation with strict conditions and restitution orders, which is proportionate and consistent with sentencing principles and parity.

Citation
2019 NSPC 24
Parties
Prosecution: Her Majesty the Queen; Accused: Beverly Ann Barker; Accused: David Anthony Barker
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
16 July 2019
Procedural Posture
Criminal Sentencing (indictable Fraud Under S.380(1)(a) Criminal Code) / Sentencing (post Plea)
Outcome
Passing of sentence suspended; probation imposed
Legal Topics
Fraud Over $5000, Capacity to Contract, Vulnerability of Victim, Sentencing Parity, Conditional Sentence Ineligibility, Restitution Orders
Source Language
English
Criminal Law Elder Abuse Fraud Sentencing Restitution Probation Breach of Trust Fraud Over $5000 +5 more

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Parties

Her Majesty the Queen

Prosecution

Beverly Ann Barker

Accused

David Anthony Barker

Accused

Procedural Posture

Criminal Sentencing (indictable Fraud Under S.380(1)(a) Criminal Code) / Sentencing (post Plea)

Legal Issues

  1. 1 Whether exploitation of an elderly, incapacitated person and breach of trust warrants custodial or non-custodial sentences
  2. 2 Appropriate sentence quantum and parity with comparable cases
  3. 3 Whether restitution and probation terms adequately address harm and deterrence

Ratio Decidendi

Despite seriousness of exploiting an elderly, incapacitated victim and the availability of custodial sentences, the court found that factors including defendants' advanced ages, health, lack of criminal records, demonstrated remorse, agreement to restitution, and likelihood of remediation justified suspending sentence and imposing three-year probation with strict conditions and restitution orders, which is proportionate and consistent with sentencing principles and parity.

Court Disposition

Passing of sentence suspended; probation imposed

Orders

  • Probation for each accused for three years commencing immediately with mandatory and specific conditions
  • Cooperate fully with any attorney, counsel, representative, guardian or trustee of the victim in proceedings or negotiations to have liabilities or obligations of the victim set aside or voided