R. v. Abdulahi-Sabet

R. v. Abdulahi-Sabet

Taking into account parity with the co‑accused, the offender's lesser role as a junior partner under direction of the mastermind, his guilty plea, remorse, lack of prior record, serious personal mitigation (disability, PTSD, primary daytime caregiver for children), weighed against aggravating factors (premeditation, multiple victims, month‑long scheme), the appropriate sentence is eight months' incarceration rather than the Crown's 20 months or the defence's 90 days; restitution of $35,607.09 was ordered payable to the clerk over seven years and a DNA sample was ordered under s.487.051(3); remaining related counts were stayed.

Citation
2019 BCSC 1538
Parties
Crown: Regina; Accused: Mehdi Abdulahi-Sabet
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 August 2019
Procedural Posture
Criminal Sentencing / Sentencing Hearing
Outcome
Accused sentenced to 8 months' imprisonment; restitution ordered; DNA sample order granted; stay of remaining counts.
Legal Topics
Fraud (s.380(1)(a) Criminal Code), Restitution, DNA Order, Voluntariness of Plea, Parity and Proportionality, Mitigation and Aggravation
Source Language
English
Criminal Law Sentencing Fraud Fraud (s.380(1)(a) Criminal Code) Restitution DNA Order Voluntariness of Plea Parity and Proportionality +1 more

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Parties

Regina

Crown

Mehdi Abdulahi-Sabet

Accused

Procedural Posture

Criminal Sentencing / Sentencing Hearing

Legal Issues

  1. 1 Voluntariness of guilty plea
  2. 2 Appropriate custodial sentence for multi‑victim fraud
  3. 3 Whether restitution should be ordered and amount

Ratio Decidendi

Taking into account parity with the co‑accused, the offender's lesser role as a junior partner under direction of the mastermind, his guilty plea, remorse, lack of prior record, serious personal mitigation (disability, PTSD, primary daytime caregiver for children), weighed against aggravating factors (premeditation, multiple victims, month‑long scheme), the appropriate sentence is eight months' incarceration rather than the Crown's 20 months or the defence's 90 days; restitution of $35,607.09 was ordered payable to the clerk over seven years and a DNA sample was ordered under s.487.051(3); remaining related counts were stayed.

Court Disposition

Accused sentenced to 8 months' imprisonment; restitution ordered; DNA sample order granted; stay of remaining counts.

Orders

  • 8 months' imprisonment to be served by the accused
  • Restitution in the amount of 35607.09 CAD payable to the clerk of the court with a period to pay of 7 years