R. v. Biller

R. v. Biller

Given the magnitude of the frauds, the number and vulnerability of victims, and the need for general deterrence and denunciation, a conditional sentence was inappropriate for the most culpable count (Shuswap); imposed concurrent custodial sentences: 3 years for Count 1 (Shuswap), 18 months for Count 4 (Maxim), and 2...

Source-derived case information.

Citation
2005 BCSC 1278
Parties
Crown: Her Majesty the Queen; Accused: Francis Jason Dean Biller
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 September 2005
Procedural Posture
Criminal Sentencing (fraud and Theft) / Sentencing After Guilty Pleas and Contested Factual Findings (oral Reasons and Sentence Handed Down)
Outcome
Convicted on five counts by guilty plea; custodial sentences imposed and to be served concurrently
Legal Topics
Sentencing Principles, General Deterrence, Breach of Trust, Conditional Sentence
Source Language
english
Criminal Law Fraud Theft Sentencing Sentencing Principles General Deterrence Breach of Trust Conditional Sentence

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Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Crown

Francis Jason Dean Biller

Accused

Procedural Posture

Criminal Sentencing (fraud and Theft) / Sentencing After Guilty Pleas and Contested Factual Findings (oral Reasons and Sentence Handed Down)

Legal Issues

  1. 1 Appropriate sentence for multiple fraud and theft convictions arising from Eron Mortgage operations
  2. 2 Whether a conditional sentence is permissible given scale of fraud and need for general deterrence
  3. 3 Existence and impact of any trust/fiduciary relationship between accused and investors

Ratio Decidendi

Given the magnitude of the frauds, the number and vulnerability of victims, and the need for general deterrence and denunciation, a conditional sentence was inappropriate for the most culpable count (Shuswap); imposed concurrent custodial sentences: 3 years for Count 1 (Shuswap), 18 months for Count 4 (Maxim), and 2 years less a day for Counts 8, 9 and 12.

Court Disposition

Convicted on five counts by guilty plea; custodial sentences imposed and to be served concurrently

Orders

  • Count 1 (Shuswap Falls) – 3 years imprisonment
  • Count 4 (Maxim Resorts) – 18 months imprisonment