R. v. Fairrae

R. v. Fairrae

Given the deliberate planning, repeated similar offending, recent related record including breaches of prior orders and failure to comply with a prior CSO, and the significant adverse impact on vulnerable victims, a CSO would endanger the community and fail to achieve specific deterrence and denunciation; custody was necessary and a global custodial sentence of 220 days (consecutive 90, 60, 70 days) is fit, followed by 18 months probation and specified restitution orders.

Citation
2021 NSPC 12
Parties
Crown: Her Majesty the Queen; Defendant: Tyler Fairrae
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 March 2021
Procedural Posture
Criminal Sentencing / Sentencing
Outcome
Defendant pleaded guilty; sentenced to 220 days imprisonment (consecutive sentences of 90, 60 and 70 days); upon release to serve 18 months probation with conditions; stand-alone restitution ordered to three victims in amounts requested by Crown.
Legal Topics
Fraud by False Identity, Conditional Sentence Order, Restitution, Aggravating and Mitigating Factors, COVID 19 in Sentencing
Source Language
English
Criminal Law Sentencing Fraud Fraud by False Identity Conditional Sentence Order Restitution Aggravating and Mitigating Factors COVID 19 in Sentencing

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Parties

Her Majesty the Queen

Crown

Tyler Fairrae

Defendant

Procedural Posture

Criminal Sentencing / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence order (CSO) is appropriate
  2. 2 Appropriate length and structure of custodial sentence
  3. 3 Application of aggravating and mitigating factors for fraud offences

Ratio Decidendi

Given the deliberate planning, repeated similar offending, recent related record including breaches of prior orders and failure to comply with a prior CSO, and the significant adverse impact on vulnerable victims, a CSO would endanger the community and fail to achieve specific deterrence and denunciation; custody was necessary and a global custodial sentence of 220 days (consecutive 90, 60, 70 days) is fit, followed by 18 months probation and specified restitution orders.

Court Disposition

Defendant pleaded guilty; sentenced to 220 days imprisonment (consecutive sentences of 90, 60 and 70 days); upon release to serve 18 months probation with conditions; stand-alone restitution ordered to three victims in amounts requested by Crown.

Orders

  • Custody: 220 days incarceration served as consecutive sentences of 90 days, 60 days and 70 days
  • Probation: 18 months reporting probation upon release with conditions including assessment for personal issues and drug counselling, prohibition from using social media, restricted internet access limited to employment searches and government services, and no contact or communication with the victims or attendance...