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If you are charged with fraud, it’s important to quickly find an experienced lawyer who understands fraud cases and can help you fight the charges against you.
What You Need To Know:
Sentencing for fraud, like any sentencing case, will vary based on the aggravating and mitigating circumstances of both the offence and the offender. Sentences may range from an absolute discharge to a maximum of fourteen years in prison for fraud over $5000 and two years in prison for fraud under $5000. A fraud conviction may also affect one’s ability to travel.
Fraud over $5000 involves frauds of a value above $5000. This offence is a straight indictable offence.
Fraud under $5000 involves frauds of a value that does not exceed $5000. The offence is hybrid, meaning the Crown Attorney will elect whether to proceed by summary conviction or indictment.
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What Must The Crown Prove?
The Crown has to prove the value of the deprivation if they have proceeded on the charge of fraud over $5000.
In simple terms the Crown must prove that the fraudulent act was committed by the accused individual who had subjective knowledge of the act and the act caused the public or another person to be deprived of property, money or valuable security, or any service.
Potential Defence #1:
In cases where an accused person did not actually commit a fraud.
Potential Defence #2:
Colour of Right
Arises in cases where there is a possessory right to the subject matter of the fraud.
Potential Defence #3:
The accused person must have both a subjective knowledge of the act as well as a subjective knowledge that the act may result in another being deprived of something. Wilful blindness, however, may negate this defence.
What Comes Next?
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