R. v. Boylan

R. v. Boylan

The judge found the accused's compulsive gambling addiction constituted an exceptional mitigating circumstance, the accused was not a danger to the public, and therefore a custodial sentence was unnecessary; imposed two years less one day to be served as a conditional sentence with stringent conditions and ordered restitution of $169,730.62, with no victim fine surcharge.

Citation
2006 NSPC 33
Parties
Crown: Her Majesty the Queen; Accused: Marilyn Diane Boylan; Victim: Dr. Nishat Fahmy
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
6 July 2006
Procedural Posture
Criminal (fraud) / Sentencing
Outcome
Accused sentenced to two years less one day to be served as a conditional sentence order; restitution of $169,730.62 ordered; no victim fine surcharge.
Legal Topics
Theft From Employer, Breach of Trust, Mitigation by Addiction, Conditional Sentence Order, Restitution Order, Danger to the Public
Source Language
English
Criminal Law Sentencing Restitution Fraud Conditional Sentence Theft From Employer Breach of Trust Mitigation by Addiction +3 more

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Parties

Her Majesty the Queen

Crown

Marilyn Diane Boylan

Accused

Dr. Nishat Fahmy

Victim

Procedural Posture

Criminal (fraud) / Sentencing

Legal Issues

  1. 1 Whether custodial sentence required
  2. 2 Whether compulsive gambling constitutes an exceptional circumstance mitigating custody
  3. 3 Whether accused is a danger to the community

Ratio Decidendi

The judge found the accused's compulsive gambling addiction constituted an exceptional mitigating circumstance, the accused was not a danger to the public, and therefore a custodial sentence was unnecessary; imposed two years less one day to be served as a conditional sentence with stringent conditions and ordered restitution of $169,730.62, with no victim fine surcharge.

Court Disposition

Accused sentenced to two years less one day to be served as a conditional sentence order; restitution of $169,730.62 ordered; no victim fine surcharge.

Orders

  • Two years less one day to be served in the community pursuant to Criminal Code s.742.1 (conditional sentence order)
  • Keep the peace and be of good behaviour; appear when required; report to sentence supervisor in Halifax within two working days