R. v. Cousineau

R. v. Cousineau

Conditional sentence was inappropriate because the offences involved breach of trust of vulnerable victims, occurred while the offender was on probation, the offender had prior similar convictions and equivocal acceptance of responsibility, creating a real risk to community safety; imposed concurrent custodial sentences of six months on each count, restitution of $7,367 split $1,000 to Agecare and $6,367 to Ecclesiastical Insurance, and 24 months probation.

Citation
2013 BCSC 947
Parties
Crown/prosecution: Regina; Accused: James William Cousineau aka James William Miller; Victim/complainant: Agecare Investments Ltd.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 March 2013
Procedural Posture
Criminal Fraud / Sentencing (oral Reasons)
Outcome
Accused sentenced to custody and probation; restitution ordered
Legal Topics
Breach of Trust, Conditional Sentence, Restitution, Probation, General and Specific Deterrence, Aggravating and Mitigating Factors
Source Language
English
Criminal Law Sentencing Fraud Breach of Trust Conditional Sentence Restitution Probation General and Specific Deterrence +1 more

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Parties

Regina

Crown/prosecution

James William Cousineau aka James William Miller

Accused

Agecare Investments Ltd.

Victim/complainant

Procedural Posture

Criminal Fraud / Sentencing (oral Reasons)

Legal Issues

  1. 1 Whether a conditional sentence was appropriate
  2. 2 Appropriate length and type of sentence for multiple counts of fraud involving breach of trust and vulnerable victims
  3. 3 Whether restitution should mitigate term of imprisonment

Ratio Decidendi

Conditional sentence was inappropriate because the offences involved breach of trust of vulnerable victims, occurred while the offender was on probation, the offender had prior similar convictions and equivocal acceptance of responsibility, creating a real risk to community safety; imposed concurrent custodial sentences of six months on each count, restitution of $7,367 split $1,000 to Agecare and $6,367 to Ecclesiastical Insurance, and 24 months probation.

Court Disposition

Accused sentenced to custody and probation; restitution ordered

Orders

  • Six months imprisonment on each of three counts to be served concurrently
  • Restitution in the total amount of $7,367: $1,000 payable to Agecare Investments and $6,367 payable to Ecclesiastical Insurance