R. v. Bailey (G.S.), (2014) 597 A.R. 336 (PC)

• Judge: Fradsham, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: October 08, 2014
• Citations: (2014), 597 A.R. 336 (PC);2014 ABPC 223

R. v. Bailey (G.S.) (2014), 597 A.R. 336 (PC)

MLB headnote and full text

Temp. Cite: [2014] A.R. TBEd. SE.090

Her Majesty the Queen v. Garth Stanley Bailey (100344266P1; 2014 ABPC 223)

Indexed As: R. v. Bailey (G.S.)

Alberta Provincial Court

Fradsham, P.C.J.

October 8, 2014.

Summary:

The accused was charged with fraud over $5,000, conspiracy to commit fraud, money laundering and conspiracy to commit money laundering.

The Alberta Provincial Court, in a decision reported [2014] A.R. Uned. 325, convicted the accused on all four counts. The matter moved to sentencing.

The Alberta Provincial Court sentenced the accused accordingly.

Criminal Law - Topic 5837

Sentencing - Considerations on imposing sentence - Mitigating circumstances - The accused, a lawyer, was convicted of fraud over $5,000, conspiracy to commit fraud, money laundering and conspiracy to commit money laundering - On sentencing, the accused argued that his sentence should be reduced because of the hardship his family would suffer hardship as a result of his imprisonment - The Alberta Provincial Court held that the gravity of the offence, and the moral blameworthiness of the offender, overrode the difficulties which the sentence would indirectly impose on the offender's family, and required the court to not depart from what would otherwise be a fit and proper sentence - See paragraphs 30 to 34.

Criminal Law - Topic 5849.27

Sentencing - Considerations on imposing sentence - Effect of incarceration on accused's family - [See Criminal Law - Topic 5837 ].

Criminal Law - Topic 5857

Sentence - Conspiracy - [See Criminal Law - Topic 5972 ].

Criminal Law - Topic 5859

Sentence - Fraud - [See Criminal Law - Topic 5972 ].

Criminal Law - Topic 5972

Sentence - Money laundering or proceeds of crime - The accused, a lawyer, was convicted of fraud over $5,000, conspiracy to commit fraud, money laundering and conspiracy to commit money laundering - He and two others operated investment programmes through which they defrauded investors over an extended period of time - Large amount of money involved - He traded on the public's trust in the legal profession - No criminal record - The Alberta Provincial Court, taking into account the totality principle, sentenced the accused to eight years for fraud, eight years concurrent for conspiracy to commit fraud, one year consecutive for money laundering, and one year concurrent for conspiracy to commit money laundering - The global sentence was, therefore, nine years.

Cases Noticed:

R. v. Rosenfeld (S.M.) (2009), 248 O.A.C. 119; 190 C.R.R.(2d) 116; 94 O.R.(3d) 641; 2009 ONCA 307, refd to. [para. 25].

R. v. Fulcher (J.J.) (2007), 422 A.R. 329; 415 W.A.C. 329; 2007 ABCA 381, refd to. [para. 27].

R. v. Spencer (T.-A.) (2004), 188 O.A.C. 363; 186 C.C.C.(3d) 181 (C.A.), refd to. [para. 30].

R. v. Pritchard (1973), 57 Cr. App. R. 492 (Eng. C.A.), refd to. [para. 31].

R. v. Davis (N.A.) (2014), 572 A.R. 237; 609 W.A.C. 237; 2014 ABCA 115, refd to. [para. 35].

R. v. Butler (J.D.) (2011), 527 A.R. 127; 2011 ABPC 272, refd to. [para. 36, footnote 2].

R. v. Sharpe (J.D.) (2010), 302 Nfld. & P.E.I.R. 246; 938 A.P.R. 246; 2010 NLTD(G) 159, refd to. [para. 37, footnote 2].

R. v. May (T.G.) (2012), 533 A.R. 182; 557 W.A.C. 182; 2012 ABCA 213, refd to. [para. 41].

R. v. P.K. (2012), 280 Man.R.(2d) 258; 548 W.A.C. 258; 2012 MBCA 69, refd to. [para. 42].

Counsel:

Steven Johnston, for the Crown;

Andrea Serink, for the Offender.

This sentencing matter was heard before Fradsham, P.C.J., of the Alberta Provincial Court, who delivered the following decision in Calgary, Alberta, on October 8, 2014.