R. v. Leonardo

R. v. Leonardo

The court accepted the joint submission as a fit sentence and imposed two years imprisonment plus a restitution order of $367,265 to HSBC because the sophisticated, lengthy and high‑value fraud motivated by greed required a custodial term for general deterrence despite significant mitigating factors including a guilty plea, cooperation, no prior record, and the accused's abusive relationship and community employment.

Citation
2019 BCSC 337
Parties
Crown: Regina; Accused: Edmund Leonardo
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 February 2019
Procedural Posture
Criminal Fraud / Sentencing (oral Reasons)
Outcome
Accused sentenced to two years imprisonment; restitution ordered payable to HSBC Bank Canada; stay of proceedings directed on remaining counts
Legal Topics
General Deterrence, Aggravating and Mitigating Factors, Joint Sentencing Submissions, Victim Restitution
Source Language
English
Criminal Law Fraud Sentencing Restitution General Deterrence Aggravating and Mitigating Factors Joint Sentencing Submissions Victim Restitution

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Parties

Regina

Crown

Edmund Leonardo

Accused

Procedural Posture

Criminal Fraud / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate custodial sentence for a sophisticated fraud involving approximately $367,265
  2. 2 Whether restitution should be ordered under s.738 of the Criminal Code
  3. 3 Weight to be given to mitigating factors including guilty plea, cooperation, lack of record and abusive relationship

Ratio Decidendi

The court accepted the joint submission as a fit sentence and imposed two years imprisonment plus a restitution order of $367,265 to HSBC because the sophisticated, lengthy and high‑value fraud motivated by greed required a custodial term for general deterrence despite significant mitigating factors including a guilty plea, cooperation, no prior record, and the accused's abusive relationship and community employment.

Court Disposition

Accused sentenced to two years imprisonment; restitution ordered payable to HSBC Bank Canada; stay of proceedings directed on remaining counts

Orders

  • Sentenced to two years imprisonment
  • Restitution order under s.738 of the Criminal Code in the amount of $367,265 payable to HSBC Bank Canada