R. v. De La Boursodiere

R. v. De La Boursodiere

A conditional sentence of imprisonment was imposed for each of the four convictions, six months in length, to be served concurrently; the sentence includes three months house arrest followed by a curfew for the remainder (7:00 p.m. to 7:00 a.m. with specified exceptions), an aggregate 50 hours of community work service, reporting requirements and residence restrictions; a conditional discharge and consecutive sentence on count 4 were rejected, and the victim fine surcharge was waived, applying principles of denunciation, general and specific deterrence, proportionality and totality.

Citation
2012 BCSC 1695
Parties
Crown: Regina; Accused: Teresa Kathleen De La Boursodiere
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 October 2012
Procedural Posture
Criminal / Sentencing (oral Reasons in Chambers)
Outcome
Convictions entered on four counts; sentence imposed: six-month conditional sentences of imprisonment concurrent on all counts, to be served in the community.
Legal Topics
Fraud Under $5, 000, Attempted Fraud, Forgery, Use of Forged Document, Conditional Sentence, Victim Fine Surcharge
Source Language
English
Criminal Law Fraud Forgery Sentencing Insurance Fraud Fraud Under $5,000 Attempted Fraud Use of Forged Document +2 more

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Parties

Regina

Crown

Teresa Kathleen De La Boursodiere

Accused

Procedural Posture

Criminal / Sentencing (oral Reasons in Chambers)

Legal Issues

  1. 1 Appropriate sentence for offences of fraud and forgery
  2. 2 Whether a conditional discharge is appropriate
  3. 3 Whether sentences should be consecutive or concurrent

Ratio Decidendi

A conditional sentence of imprisonment was imposed for each of the four convictions, six months in length, to be served concurrently; the sentence includes three months house arrest followed by a curfew for the remainder (7:00 p.m. to 7:00 a.m. with specified exceptions), an aggregate 50 hours of community work service, reporting requirements and residence restrictions; a conditional discharge and consecutive sentence on count 4 were rejected, and the victim fine surcharge was waived, applying principles of denunciation, general and specific deterrence, proportionality and totality.

Court Disposition

Convictions entered on four counts; sentence imposed: six-month conditional sentences of imprisonment concurrent on all counts, to be served in the community.

Orders

  • Conditional sentences of imprisonment of six months for each of Counts 1-4, concurrent
  • First three months to be served under house arrest with exceptions for work (prearranged), community work service, and medical/dental appointments (with prior written approval)