R. v. Berthelot (S.), (2016) 326 Man.R.(2d) 135 (CA)

• Judge: Beard, Mainella and Pfuetzner, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: February 09, 2016
• Jurisdiction: Manitoba
• Citations: (2016), 326 Man.R.(2d) 135 (CA);2016 MBCA 25

R. v. Berthelot (S.) (2016), 326 Man.R.(2d) 135 (CA);

      664 W.A.C. 135

MLB headnote and full text

Temp. Cite: [2016] Man.R.(2d) TBEd. FE.040

Her Majesty The Queen (respondent) v. Steevy Berthelot (accused/appellant)

(AR 15-30-08454; 2016 MBCA 25)

Indexed As: R. v. Berthelot (S.)

Manitoba Court of Appeal

Beard, Mainella and Pfuetzner, JJ.A.

February 9, 2016.

Summary:

Berthelot pleaded guilty to nine counts of fraudulent use of credit card data (Criminal Code, s. 342(3)). He was 18 years old at the time of the offences. The judge imposed a sentence of 15 months on each count, concurrent. The accused appealed his sentence, with leave. He argued that the judge's failure to impose a conditional sentence was harsh and excessive, and that the judge erred by failing to give him any credit for the nine days spent in pre-sentence custody.

The Manitoba Court of Appeal dismissed the appeal, except that the 15-month sentence was reduced by the nine days of pre-sentence custody credited as the equivalent of 14 days of time served.

Criminal Law - Topic 5720.3

Punishments (sentence) - Conditional sentence - Considerations - [See Criminal Law - Topic 5899 ].

Criminal Law - Topic 5899

Sentence - Debit and credit card offences (inc. fraud, theft, etc.) - The accused pleaded guilty to nine counts of fraudulent use of credit card data (Criminal Code, s. 342(3)) - He was 18 years old at the time of the offences - No criminal record - Two accomplices - The judge imposed a sentence of 15 months on each count, concurrent - She declined to impose a conditional sentence for two reasons: (a) a conditional sentence would not be consistent with the principles of denunciation and general deterrence because of the gravity of the offences and the degree of the accused's responsibility; and (b) the judge was not satisfied that service of the sentence in the community would not endanger the community - The Manitoba Court of Appeal, in dismissing the appeal, stated that "[d]enunciation and general deterrence are of paramount importance in fraud cases involving the use of stolen personal financial information. ...  This case, and other like cases of fraud tourism (where individuals travel to a location where they are unknown solely to commit fraud) are unfortunately all too common. ... The moral culpability of such premeditated conduct is significant and, accordingly, will result in lengthy sentences, even for first-time youthful offenders such as this accused" - See paragraph 8.

Counsel:

G.R. Champagne, for the appellant;

N.M. Cutler, for the respondent.

This sentence appeal was heard and decided on February 9, 2016, by Beard, Mainella and Pfuetzner, JJ.A., of the Manitoba Court of Appeal. The following reasons for judgment were delivered by Mainella, J.A., for the Court.