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The Court of Appeal for Ontario dismissed Daniel Reeve’s appeal from fraud and theft convictions arising from interconnected Ponzi schemes and rejected his expert-evidence arguments.
Given the abuse of a position of trust, the contextual aggravation of committing the theft while awaiting sentence for prior thefts, and the serious victim impact, a custodial sentence would be justified for denunciation and deterrence; however the offender did not pose a danger to the community and met criteria for a conditional sentence. The court therefore imposed a 12-month conditional sentence on full house arrest with reduced community service of 150 hours, a 24-month probation order, a restitution order of $6,229.91, and employment prohibitions limiting access to administration of othe…
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Ontario Court of Appeal considered a sentence appeal in a high-profile art theft and forgery case, addressing foreign authorities, conditional sentence arguments, and proportionality.
The theft conviction was stayed under the Kienapple principle because it arose from the same acts as the fraud; s.380(1.1) mandatory minimum two-year imprisonment applies because the subject-matter value of the fraud (value put at risk by obtaining about 820,000 lbs of lobster) exceeded $1M even though actual proven loss was uncertain; a five-year custodial sentence is fit and proper given the magnitude, complexity and duration of the scheme, the significant impact on the victim, and the offender's prior similar convictions; ancillary orders including restitution and fine in lieu were limited…
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Sentencing for a long-running workplace fraud and theft by a dental receptionist. The court rejected a conditional sentence and imposed custody, probation, restitution and a 10-year prohibition order.
The Supreme Court of British Columbia dismissed Amanda Aileen Soper’s appeal from a theft conviction, holding the circumstantial evidence supported exclusive opportunity and the verdict was not unreasonable.
The court concluded that the only reasonable inference from the credible witness testimony and detailed banking records is that after an initial consented $200 e-transfer the accused used the victim's confidential banking information to effect 47 further unauthorized e-transfers totalling $10,247, thereby dishonestly depriving the victim; this satisfied the actus reus and mens rea for fraud and theft beyond a reasonable doubt.
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Trial judgment on theft, drugs, weapons, and obstruction charges. The court convicted on theft, simple possession, and resisting arrest, but acquitted on trafficking, assault with a weapon, threats, and weapon-purpose charges.
Steven Jasper was sentenced for theft of a taxi, attempted robbery, and dangerous driving arising from a violent March 2017 incident in Vancouver.
Sentencing reasons for Michael Gordon Elphicke after fraud, theft, and unauthorized lottery convictions involving OEHA funds and a planned hockey trip.
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