R. v. MacDonald

R. v. MacDonald

The court found the offences constituted a serious, extended breach of trust against multiple victims with significant, ascertainable losses and that mitigating factors (guilty plea, confession, no prior record) did not outweigh the need for denunciation and general deterrence; s.380.1 was not engaged on the facts; a custodial federal sentence totalling 30 months was proportionate and restitution orders were made where amounts were ascertainable.

Citation
2010 NSPC 33
Parties
Crown: Her Majesty the Queen; Defendant: Timothy Wade MacDonald
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 April 2010
Procedural Posture
Criminal Fraud / Sentencing Decision
Outcome
Convicted on eight counts of fraud and sentenced to a total of 30 months' imprisonment; restitution orders made where losses were ascertainable; victim surcharge waived; no DNA order made.
Legal Topics
Fraud Under S.380 Criminal Code, Breach of Trust, Restitution Orders, Victim Impact, Aggravating and Mitigating Factors, Totality Principle
Source Language
English
Criminal Law Sentencing Fraud Restitution Fraud Under S.380 Criminal Code Breach of Trust Restitution Orders Victim Impact +2 more

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Parties

Her Majesty the Queen

Crown

Timothy Wade MacDonald

Defendant

Procedural Posture

Criminal Fraud / Sentencing Decision

Legal Issues

  1. 1 Appropriate custodial sentence for multiple frauds and breach of trust
  2. 2 Applicability of s.380.1 aggravating factors
  3. 3 Whether conditional sentence appropriate

Ratio Decidendi

The court found the offences constituted a serious, extended breach of trust against multiple victims with significant, ascertainable losses and that mitigating factors (guilty plea, confession, no prior record) did not outweigh the need for denunciation and general deterrence; s.380.1 was not engaged on the facts; a custodial federal sentence totalling 30 months was proportionate and restitution orders were made where amounts were ascertainable.

Court Disposition

Convicted on eight counts of fraud and sentenced to a total of 30 months' imprisonment; restitution orders made where losses were ascertainable; victim surcharge waived; no DNA order made.

Orders

  • Convictions recorded on counts 1, 3, 7, 9, 13, 15, 17 and 19
  • Count 1 (Andre Kelbrat): 1 month custody