Canada Case Law

R v Kitch

Court

Nova Scotia Provincial Court

A custodial sentence of nine months was necessary because the aggravating factors (senior position of trust as CEO, prolonged and numerous personal uses of public resources, motive of greed, lack of meaningful insight, reputational and institutional harm) outweighed mitigating factors (first offender, repayment); a CSO would not adequately achieve denunciation and deterrence in this case; impose 9 months custody, 24 months probation, ancillary order under s.380.3 for 10 years, and waive victim fine surcharge.

Source excerpt

• Breach of trust
• Conditional sentence order
• Denunciation and deterrence
• Aggravating and mitigating factors
• Restitution

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R. v. Hurlburt

Court

Supreme Court of Nova Scotia

The offences were not excluded from conditional sentencing, the appropriate global sentence was less than two years, community safety would not be endangered by service in the community, and the relevant aggravating factor was the abuse of public trust; given full restitution, guilty plea, remorse, resignation and lack of involvement of others or bribery, a 12‑month conditional sentence concurrent on both counts with detailed restrictive conditions and 12 months probation thereafter achieved denunciation, deterrence and proportionality.

Source excerpt

• Fraud
• Breach of trust
• Conditional sentence
• Restitution
• General deterrence

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R. v. Lam

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal upheld a one-year jail sentence for theft and fraud, holding that a conditional sentence was inappropriate given breach of trust and general deterrence.

• Conditional sentence
• General deterrence
• Breach of trust
• Restitution
• Theft
• Fraud

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