R. v. Lee

R. v. Lee

On the totality of the forensic audit, documentary records, witness evidence about Ms. Lee's duties and opportunity, her signatures/initials on deposit slips and Provider Payment Summaries, inconsistent testimony, and inculpatory admissions in her police interview, the only rational inference beyond a reasonable doubt is that Sherri Dawn Lee intentionally stole $66,939.58 from Embrace Spa and committed the related frauds by misapplying Blue Cross payments and by back-dating on-accounts; convictions entered on Count 1 (theft), Count 3 (fraud under $5000) and on Count 2 the included offence of fraud under $5000.

Citation
2011 NSPC 26
Parties
Crown: Her Majesty the Queen; Defendant: Sherri Dawn Lee
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
18 May 2011
Procedural Posture
Criminal / Trial — Decision (judgment)
Outcome
Convicted on Count 1 (theft contrary to s.334(b) Criminal Code), convicted on Count 2 of the included offence (fraud under $5000 contrary to s.380(1)(b)), and convicted on Count 3 (fraud under $5000 contrary to s.380(1)(b)).
Legal Topics
Theft Over $5000, Fraud Under $5000, Back Dating, Misapplication of Insurer Payments, Similar Fact Evidence, Circumstantial Evidence, Admissions to Police
Source Language
English
Criminal Law Theft Fraud Evidence Forensic Accounting Theft Over $5000 Fraud Under $5000 Back Dating +4 more

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Parties

Her Majesty the Queen

Crown

Sherri Dawn Lee

Defendant

Procedural Posture

Criminal / Trial — Decision (judgment)

Legal Issues

  1. 1 Identity of the person who stole the missing cash
  2. 2 Whether missing cash was the result of intentional theft versus error
  3. 3 Whether misapplication of Blue Cross payments constituted fraud

Ratio Decidendi

On the totality of the forensic audit, documentary records, witness evidence about Ms. Lee's duties and opportunity, her signatures/initials on deposit slips and Provider Payment Summaries, inconsistent testimony, and inculpatory admissions in her police interview, the only rational inference beyond a reasonable doubt is that Sherri Dawn Lee intentionally stole $66,939.58 from Embrace Spa and committed the related frauds by misapplying Blue Cross payments and by back-dating on-accounts; convictions entered on Count 1 (theft), Count 3 (fraud under $5000) and on Count 2 the included offence of fraud under $5000.

Court Disposition

Convicted on Count 1 (theft contrary to s.334(b) Criminal Code), convicted on Count 2 of the included offence (fraud under $5000 contrary to s.380(1)(b)), and convicted on Count 3 (fraud under $5000 contrary to s.380(1)(b)).

Orders

  • Convictions entered as to Count 1 (theft over $5000)
  • Conviction entered as to Count 2 on the included offence of fraud under $5000