R v. Tibbo

R v. Tibbo

Banking records and expert forensic analysis established that Tibbo deposited Zinck's cheques into her personal account and withdrew funds; her evidence was found not credible; on an objective dishonesty test and by common-sense inference the Crown proved beyond a reasonable doubt that Tibbo intentionally converted...

Source-derived case information.

Citation
2022 NSSC 319
Parties
Prosecution: His Majesty the King; Accused: Linda Deloris Tibbo
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 October 2022
Procedural Posture
Criminal / Trial Judgment (verdict)
Outcome
Accused found guilty of fraud contrary to s.380(1) of the Criminal Code (amount exceeding $5,000) and guilty of theft contrary to s.334(a) of the Criminal Code (amount exceeding $5,000).
Legal Topics
Fraud (s.380(1)), Theft (s.334(a)), Actus Reus and Mens Rea, Evidence and Credibility, Forensic Accounting
Source Language
english
Criminal Law Fraud (s.380(1)) Theft (s.334(a)) Actus Reus and Mens Rea Evidence and Credibility Forensic Accounting

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Summary, issues, holding and outcome

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Parties

His Majesty the King

Prosecution

Linda Deloris Tibbo

Accused

Procedural Posture

Criminal / Trial Judgment (verdict)

Legal Issues

  1. 1 Identity of the person who deposited Zinck's cheques
  2. 2 Whether deposits were authorized or done under colour of right
  3. 3 Whether the accused had the requisite intent to defraud (mens rea)

Ratio Decidendi

Banking records and expert forensic analysis established that Tibbo deposited Zinck's cheques into her personal account and withdrew funds; her evidence was found not credible; on an objective dishonesty test and by common-sense inference the Crown proved beyond a reasonable doubt that Tibbo intentionally converted business funds and intended to defraud Zinck's Auto Salvage, and no colour of right existed, therefore guilty of fraud over $5,000 and theft over $5,000.

Court Disposition

Accused found guilty of fraud contrary to s.380(1) of the Criminal Code (amount exceeding $5,000) and guilty of theft contrary to s.334(a) of the Criminal Code (amount exceeding $5,000).

Orders

  • Accused convicted on both counts (fraud and theft).
  • Sentencing to be scheduled.