R. v. Sheppard

R. v. Sheppard

The court accepted the jointly recommended sentence because it fell within the acceptable sentencing range and served the public interest (plea bargain benefits, victims spared trial, evidentiary difficulties), imposing a conditional sentence of two years less a day with strict house arrest and electronic monitoring followed by three years' probation, restitution totaling $50,000 and additional conditions (no employment handling money, psychiatric assessment), while recognizing aggravating factors including recidivism and the gravity of the frauds.

Citation
2015 NSPC 23
Parties
Crown: Her Majesty the Queen; Defendant: Deborah Sheppard
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
30 April 2015
Procedural Posture
Criminal / Sentencing
Outcome
Conditional sentence of two years less a day with strict conditions (18 months house arrest followed by six months under curfew) with electronic monitoring, followed by three years' probation; restitution $25,000 to George and Roberta Evans and $25,000 to James and Sherise Clayton; additional conditions including no...
Legal Topics
Conditional Sentence, Restitution, Probation, Victim Impact, Recidivism, Psychiatric Assessment, Joint Recommendation
Source Language
English
Criminal Law Sentencing Fraud Forgery Conditional Sentence Restitution Probation Victim Impact +3 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Deborah Sheppard

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether to accept a jointly recommended conditional sentence or impose incarceration
  2. 2 Appropriate weight to give guilty pleas and joint recommendations in sentencing
  3. 3 Proper measures to achieve denunciation and deterrence for recidivist fraud

Ratio Decidendi

The court accepted the jointly recommended sentence because it fell within the acceptable sentencing range and served the public interest (plea bargain benefits, victims spared trial, evidentiary difficulties), imposing a conditional sentence of two years less a day with strict house arrest and electronic monitoring followed by three years' probation, restitution totaling $50,000 and additional conditions (no employment handling money, psychiatric assessment), while recognizing aggravating factors including recidivism and the gravity of the frauds.

Court Disposition

Conditional sentence of two years less a day with strict conditions (18 months house arrest followed by six months under curfew) with electronic monitoring, followed by three years' probation; restitution $25,000 to George and Roberta Evans and $25,000 to James and Sherise Clayton; additional conditions including no...

Orders

  • Impose conditional sentence of two years less a day with conditions including 18 months house arrest followed by six months under curfew
  • Electronic monitoring bracelet to be worn during the conditional sentence