R. v. Clarke
The Court allowed the Crown's appeal on consent and replaced forfeiture with a fine of $321,945.79, increased the restitution order to $321,945.79, and imposed a three year imprisonment contingency if the fine is not paid within ten years of the respondent's release.
Source-derived case information.
- Citation
- 2018 ONCA 905
- Parties
- Appellant: Her Majesty the Queen; Respondent: Monique Clarke
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 13 November 2018
- Procedural Posture
- Criminal / Court of Appeal Appeal of Sentence
- Outcome
- Crown's appeal of sentence allowed on consent
- Legal Topics
- Appeal of Sentence, Fine in Lieu of Forfeiture, Restitution Order, Consequences of Non Payment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Appellant
Monique Clarke
Respondent
Procedural Posture
Criminal / Court of Appeal Appeal of Sentence
Legal Issues
- 1 Whether a fine in lieu of forfeiture should be imposed
- 2 Whether the restitution order should be increased to reflect the full amount
- 3 Whether non-payment of the fine within a specified period should attract a custodial sentence
Ratio Decidendi
The Court allowed the Crown's appeal on consent and replaced forfeiture with a fine of $321,945.79, increased the restitution order to $321,945.79, and imposed a three year imprisonment contingency if the fine is not paid within ten years of the respondent's release.
Court Disposition
Crown's appeal of sentence allowed on consent
Orders
- Imposition of a fine in lieu of forfeiture in the amount of $321,945.79.
- Restitution order increased to $321,945.79.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Clarke Collection Decisions of the Court of Appeal Date 2018-11-13 Neutral citation 2018 ONCA 905 Docket numbers C63672 Judges Feldman, Kathryn N.; Roberts, Lois B.; Fairburn, J. Michal Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Clarke, 2018 ONCA 905 DATE: 20181113 DOCKET: C63672 Feldman, Roberts and Fairburn JJ.A. BETWEEN Her Majesty the Queen Appellant and Monique Clarke Respondent Andrew Hotke, for the Crown Monique Clarke, in person Amy Ohler, for the respondent Heard and released orally: November 7, 2018 REASON FOR DECISION [1] The Crown’s appeal of sentence is granted on consent, including the following terms: (1) the imposition of a fine in lieu of forfeiture in the amount of $321,945.79, and: (2) an increase in the restitution order to $321,945.79. The court also orders that if the fine is not paid within ten years of the respondent's release of serving all current sentences she will be subject to a term of imprisonment of three years. “K. Feldman J.A.” “L.B. Roberts J.A.” “Fairburn J.A.”