167 result(s)
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1.
Berlasty J.P.S. (Corporal), R. v. - 2019 CM 2032 - 2019-11-16
Courts Martial - Sentence - AvailableCanadian jurisprudence on fraud clearly states that general deterrence and denunciation are the required sentencing objectives in the vast majority of fraud cases. [...] (a) Nature and scope of the fraud. Based on the evidence at trial, the nature and scope of the fraud was not highly sophisticated. [...] PLD fraud up to $19,777.80 Multiple fraud activities. Scam which included SE and PLD
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2.
Poirier C. (Master Corporal), R. v. - 2007 CM 1023 - 2007-09-21
Courts Martial - Sentence - Available[9] When dealing with offences of employee fraud or substantial commercial fraud, recent jurisprudence by civilian courts and courts of appeal provide useful guidance. [...] In this case, the first and third charges amount to a fraud in excess of $30,000. [...] Thirdly, the frauds and other fraudulent acts were planned and deliberate.
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3.
Roche K.M. (Master Corporal), R. c. - 2008 CM 1001 - 2008-01-18
Courts Martial - Sentence - AvailableA breach of that faith by way of fraud is often very difficult to detect and costly to investigate. [...] When dealing with offences of employee fraud or substantial commercial fraud, recent jurisprudence by civilian courts and courts of appeal provide useful guidance. [...] First, general deterrence is the most important sentencing principle in major frauds.
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4.
Arsenault P.D. (Warrant Officer), R. v. - 2013 CM 4007 - 2013-04-25
Courts Martial - Sentence - AvailableA breach of that faith by way of fraud is often very difficult to detect and costly to investigate. [...] Canadian jurisprudence on fraud clearly states that general deterrence and denunciation are the required sentencing objectives in the vast majority of fraud cases. [...] Imprisonment is normally the punishment imposed in a significant fraud case, not detention.
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5.
Dickson M.E. (Ex-Master Corporal), R. v. - 2009 CM 1007 - 2009-06-09
Courts Martial - Sentence - Available•Charge 2 (alternate to charge 1): S. 130 NDA, fraud (s. 380(1) CCC). [...] As I said previously, the total amount of the fraud exceeds $20,000. [...] When dealing with offences of employee fraud or substantial commercial fraud, recent jurisprudence by civilian courts and courts of appeal provide useful guidance.
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6.
Ellison J. (Major), R. v. - 2023 CM 5002 - 2023-04-17
Courts Martial - Decision as Directed by the Judge - Available[T]he actus reus of the offence of fraud will be established by proof of: [...] [19] Fraud is often characterized as being a form of commercial crime. [...] A contrario, if the charge of breach of trust alleges a fraud, and there is no evidence on the actus reus or mens rea of fraud, then the breach of trust charge cannot succeed.
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7.
Beemer D.E. (Warrant Officer), R. v. - 2019 CM 2031 - 2019-11-07
Courts Martial - Sentence - AvailableThe fraud amounted to $67,000 and went on for more than four years, and, adding in the other offences, fraud in the amount of approximately $87,000. [...] CHRONOLOGICAL REVIEW OF SENTENCES IN CASES OF VARIOUS LEVELS OF FRAUD [...] PLD fraud up to $19,777.80 Multiple fraud activities. Scam which included SE and PLD
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8.
Tourville J.M.J. (Warrant Officer), R. v. - 2009 CM 1006 - 2009-05-11
Courts Martial - Sentence - Available•Charge 3: S. 130 NDA, a fraud under $5000 (s. 380(1)(b)(ii) CCC). Results •FINDINGS: Charges 1, 2, 3: Guilty. [...] [5] It will come as no surprise that in matters of fraud or frauds on the government, general deterrence is the key factor in sentencing. [...] First, the objective seriousness of the offences of fraud on the government and fraud.
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9.
Edmunds N.S. (Ex-Master Corporal), R. v. - 2013 CM 4016 - 2013-08-14
Courts Martial - Sentence - AvailableEven if you committed this fraud to pay your debts, I have no evidence that would show this fraud was committed for any other reason than personal gain; [...] (l) this fraud was committed against Her Majesty in Right of Canada. [...] Canadian law considers this type of fraud to be more serious than most other cases of fraud.
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10.
Boire R.J. (Master Seaman), R. v. - 2015 CM 4010 - 2015-05-29
Courts Martial - Sentence - AvailableLocation: CFB Borden, building S-149, room 116, 25 Anson Road, Borden, ON. Charges: • Charges 1, 2: S. 130 NDA, fraud (s. 380(1) CCC). [...] A breach of that faith by way of fraud is often very difficult to detect and costly to investigate. [...] These cases did not involve separation expense frauds, nor did they involve suspension of punishment of imprisonment.
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11.
Laflamme V. (Corporal), R. v. - 2023 CM 3014 - 2023-10-25
Courts Martial - Sentence - Available [ French ]a) l’acceptation par le cpl Laflamme de la responsabilité de ses actions en plaidant coupable à l’infraction de fraude. [...] Il a été accusé de fraude pour avoir reçu le montant total en raison de cette fausse déclaration. [...] Il est très clair que le montant total de la fraude dont le contrevenant s’est avoué coupable est de 45 450 $.
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12.
Edmunds N.S. (Master Corporal), R. v. - 2016 CM 3008 - 2016-05-26
Courts Martial - Decision as Directed by the Judge - AvailableConsidering the matter involved, which is fraud in excess of $5,000, DDMP also had the authority in the file for final disposition of the case. [...] It is alleged that the fraud occurred between the end of March and June 2011. [...] [79] The prosecution never acted maliciously or in bad faith in dealing with the overall matter of fraud concerning Master Corporal Edmunds.
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13.
Edmunds N.S. (Master Corporal), R. v. - 2017 CM 3012 - 2017-01-17
Courts Martial - Decision as Directed by the Judge - Available“AN OFFENCE PUNISHABLE UNDER SECTION 130 OF THE NATIONAL DEFENCE ACT, THAT IS TO SAY, FRAUD, CONTRARY TO SECTION 380 OF THE CRIMINAL CODE OF CANADA [...] [17] The offence of fraud is enunciated at section 380 of the Criminal Code and reads in part as follows: [...] 122 Every official who, in connection with the duties of his office, commits fraud or a breach of trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person.
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14.
Dondaneau S.L. (Master Corporal), R. v. - 2023 CM 2008 - 2023-03-02
Courts Martial - Decision as Directed by the Judge - Available[1] In the present case, Master Corporal Dondaneau was interviewed by a military police officer, Corporal Brisbane-Babin for suspected fraud. [...] As explained above, the section 117 NDA offence and the charge of fraud under section 380 of the Criminal Code are considered mirror offences. [...] Corporal Brisbane-Babin told her that she was being interviewed with respect to the offence of fraud as well as for falsifying official documents.
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15.
Edmunds N.S. (Master Corporal), R. v. - 2015 CM 3023 - 2015-11-26
Courts Martial - Decision as Directed by the Judge - Available(b) the charges of fraud, according to the prosecution, are not the same: [...] ii. the fraud for the first trial covered a period of time, a specific period of time, which is different than the charges of fraud before this Court that are very specific in the date for the commission of each alleged offence; and [...] The dates are different and the manner in which the fraud is alleged to have been committed is different on each charge.
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16.
Salera V. (Corporal), R. v. - 2013 CM 3028 - 2013-10-03
Courts Martial - Sentence - AvailableLocation: Asticou Centre, block 2600, room 2601, courtroom, 241 de la Cité-des-Jeunes Boulevard, Gatineau, QC. Charge •Charge 1: S. 130 NDA, fraud (s. 380(1) CCC). [...] A breach of that faith by way of fraud is often very difficult to detect and costly to investigate. [...] Fraud is a very serious offence which may have detrimental effects on society.
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17.
Ruttan S. (Bombardier), R. v. - 2014 CM 1023 - 2014-10-06
Courts Martial - Sentence - AvailableA breach of that faith by way of fraud is often very difficult to detect and costly to investigate. [...] [9] When dealing with offences of employee fraud or substantial commercial fraud, recent jurisprudence by civilian courts and courts of appeal provide useful guidance. [...] A breach of that faith by way of fraud is often very difficult to detect and costly to investigate";
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18.
Maillet M. (Master Corporal), R. v. - 2013 CM 3034 - 2013-12-03
Courts Martial - Sentence - Available•Charge 4 (alternate to charge 5): S. 130 NDA, fraud (s. 380(1) CCC). [...] i. The nature and scope of the fraud. This is a scam involving a simple strategy. [...] The case law on fraud in our courts appears to confirm this tendency.
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19.
Blackman R.K. (Petty Officer 2nd Class), R. v. - 2015 CM 3009 - 2015-05-14
Courts Martial - Sentence - AvailableLocation: LCol George Taylor Denison III Armoury, 1 Yukon Lane, Toronto, ON. Charges • Charge 1: S. 130 NDA, fraud (s. 380(1) CCC). [...] (1) The nature and the scope of the fraud. It was not a sophisticated fraud. [...] The magnitude of the fraud was relatively serious, considering that the total amount of it is over $10,000.
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20.
Edmunds N.S. (Master Corporal), R. v. - 2017 CM 3016 - 2017-04-28
Courts Martial - Sentence - Available[1] Master Corporal Edmunds was found guilty by this Court on 25 January 2017 of four service offences under section 130 of the National Defence Act (NDA) for fraud contrary to section 380 of the Criminal Code. [...] You have been found guilty by this Court of four offences laid in accordance with section 130 of the National Defence Act for fraud contrary to section 380 of the Criminal Code. [...] (e) finally, the Court must consider the total amount of the fraud, which in the circumstances is important, especially considering the short period of time during which the offence was committed.
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21.
Downer M.A. (Master Corporal), R. v. - 2016 CM 4006 - 2016-04-13
Courts Martial - Sentence - AvailableA breach of that faith by way of fraud is often very difficult to detect and costly to investigate. [...] The court is dealing with an attempted fraud; no actual loss of funds has been incurred. [...] In addition, the amount of the fine proposed appears to be set on the amount of the attempted fraud.
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22.
Tardif G. (Sergent retired), R. v. - 2014 CM 1022 - 2014-09-29
Courts Martial - Sentence - AvailableThis fraud involved primarily one Guy TARDIF (no relation to Sgt TARDIF). [...] [5] In matters of fraud and theft, when the person is responsible for stolen goods or uses his or her duties to commit the fraud, the sentence must emphasize the objectives of denouncing unlawful conduct and general deterrence. [...] (b) Sergeant Tardif was directly responsible through his employment and his rank for the stolen objects and the fraud he committed because he had privileged access to the tool used to commit the said fraud; and
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23.
Dondaneau S.L. (Master Corporal), R. v. - 2023 CM 2009 - 2023-03-09
Courts Martial - Finding - AvailableSection 380 of the Criminal Code: fraud of a value exceeding $5,000 [24] For the Court to find Master Corporal Dondaneau guilty of the offence of fraud, the prosecution must prove each of the following essential elements beyond a reasonable doubt that: [...] (d) the value of the money obtained by fraud exceeded $5,000. Offence contrary to paragraph 117(f) of the NDA [...] [T]he actus reus of the offence of fraud will be established by proof of:
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24.
Martimbeault J.L.D. (Major), R. v. - 2022 CM 5007 - 2022-03-22
Courts Martial - Sentence - Available [ French ]c) la fraude s’est déroulée sur une certaine période, réclamant pour deux années consécutives; [...] f) la fraude a été détectée à la suite d’une vérification financière, en d’autres mots, ce n’est pas de son chef que la fraude est venu au grand jour; [...] Cette trilogie établissait qu’une peine d’incarcération n’était pas toujours de mise dans les cas de vols et de fraude.
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25.
Tarso C.H. (Master Warrant Officer), R. v. - 2022 CM 5013 - 2022-06-22
Courts Martial - Sentence - AvailableThe offence of fraud is an objectively serious offence. A person found guilty of fraud when the subject-matter of the offence exceeds five thousand dollars is liable to a term of imprisonment not exceeding fourteen years. [...] (c) the fraud involved over one hundred transactions spanning a period of seventeen months; [...] The offender carefully hid and kept the documents used for the fraud in her office.