"Fraud"

s. 380(1) of the Criminal Code of Canada

Many individuals trying to make their way in the world can face a multitude of challenges and respond in a way they end up regretting. There are multiple sides to every story and we're here to listen. If you have been charged with Fraud Under $5000 or Fraud Over $5000 contrary to the Criminal Code of Canada, Song Criminal Defence is here to listen to what happen and formulate a plan of action to obtain your best result. Call Song Criminal Defence and get the information and help you need to beat your charges. Let's explore what the Criminal Code has to say about what Fraud Under $5000 and Fraud Over $5000, the elements that need to be proven beyond a reasonable doubt by the Crown and the "punishment" on sentence after a conviction.

Criminal Code of Canada, s. 380(1)(a) and s. 380(1)(b)

"(1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service, (a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or (b) is guilty (i) of an indictable offence and liable to imprisonment for a term not exceeding two years, or (ii) of an offence punishable on summary conviction, where the value of the subject matter does not exceed five thousand dollars."

What the Crown Needs to Prove Beyond a Reasonable Doubt

1. Identity of the Accused
2. Date and Time of Offence
3. Jurisdiction
4. Ownership: Complainant is the owner of something of value continuously.
5. Deprivation: Accused deprived or put at risk of losing something of value.
6. Value of property or service and whether or not it is under or over $5000.
7. Subjective Knowledge: Accused had subjective knowledge of either the prohibited act causing deprivation or the conduct that would likely result in deprivation.
8. Cause of Deprivation: By either of the following acts: i) Deceit; or ii) Falsehood; or iii) Other fraudulent means.

Sentencing on Conviction | "Punishment"

1. Criminal Record: A fraud conviction will result in a criminal record.
2. Minimum Punishment: If an election by indictment is made and the value of the subject-matter offence exceeds one million dollars, the minimum sentence is jail for a term of two years. If an election to proceed summarily is made, there is no mandatory minimum punishment.
3. On summary conviction if the subject-matter offence is under $5000, the maximum penalty is jail for a period not exceeding 2 years less a day and/or a $5000 fine if the subject-matter offence is under $5000.
4. On conviction by indictment if the subject-matter offence is under $5000, the maximum penalty is jail for a period of two years.
5. On conviction by indictment if the subject-matter offence is over $5000, the maximum penalty is jail for a term of 10 years.
6. Potential DNA Order.
7. Mandatory Stand-Alone Restitution Order: Accused will be ordered to pay back the subject-matter amount at issue.
8. Non-communication order between the Accused and the Complainant.
9. Non-attendance order between the Accused and the Complainant.
10. Forfeiture of Proceeds of Crime.
11. Forfeiture of Offence-Related Property.
12. Fine in Lieu of Forfeiture.
13. Potential Victim Fine Surcharge.

Obviously, we cannot comprehensively cover how these consequences may impact your unique situation on this page. Call us and speak to a lawyer immediately or reach out to us to set up a free in-person consultation to completely understand your situation, the consequences you may face, and to develop a plan of action to beat your charges.