R. v. Budden (M.), 2015 NBQB 98

Judge:McNally, J.
Court:Court of Queen's Bench of New Brunswick
Case Date:May 11, 2015
Jurisdiction:New Brunswick
Citations:2015 NBQB 98;(2015), 436 N.B.R.(2d) 178 (TD)
 
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R. v. Budden (M.) (2015), 436 N.B.R.(2d) 178 (TD);

    436 R.N.-B.(2e) 178; 1139 A.P.R. 178

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Temp. Cite: [2015] N.B.R.(2d) TBEd. MY.001

Renvoi temp.: [2015] N.B.R.(2d) TBEd. MY.001

Her Majesty the Queen v. Mary Budden

(MCR/0002/14; 2015 NBQB 98; 2015 NBBR 98)

Indexed As: R. v. Budden (M.)

Répertorié: R. v. Budden (M.)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Moncton

McNally, J.

May 11, 2015.

Summary:

Résumé:

The accused was found guilty of defrauding the Moncton Lion's Community Centre (MLCC) of over $5,000, theft over $5,000, forgery, and uttering forged documents (see [2015] N.B.R.(2d) Uned. 11). The offences occurred between July 2009 and August 2011 while the accused was employed as an administrator of the MLCC.

The New Brunswick Court of Queen's Bench, Trial Division, sentenced the accused to six months' imprisonment for fraud, and ordered her to pay restitution of $7,545. The remaining convictions were conditionally stayed.

Criminal Law - Topic 5792

Punishments (sentence) - Restitution - When appropriate - [See Criminal Law - Topic 5859 ].

Criminal Law - Topic 5831.1

Sentencing - Considerations - Offences involving breach of trust - [See Criminal Law - Topic 5859 ].

Criminal Law - Topic 5833

Sentencing - Considerations - Deterrence - [See Criminal Law - Topic 5859 ].

Criminal Law - Topic 5859

Sentence - Fraud - Budden was employed as an administrator with the Moncton Lion's Community Centre (MLCC) - As such, she was responsible for billing and collecting fees for event services rendered by MLCC - Over a nine or ten month period, Budden defrauded MLCC by (1) not depositing funds that she received for events into the MLCC bank account; and (2) creating a second invoice for an event at a lower amount than the original invoice provided to the customer and for which the customer paid - Budden was found guilty of fraud and theft in the amount of $7,445, forgery, and uttering forged documents - The New Brunswick Court of Queen's Bench, Trial Division, held that Budden's conduct constituted a breach of a trust - The funds were diverted for the purpose of supplementing her income and lifestyle - Budden was 51 years old, expressed no remorse and still did not believe that she did anything wrong - Incarceration was required to meet the overriding consideration of general deterrence - The court ordered Budden to pay restitution of $7,545 and sentenced her to six months' imprisonment for fraud - The remaining convictions were conditionally stayed.

Droit criminel - Cote 5792

Peines (sentence) - Restitution - Circonstances justifiant la restitution - [Voir Criminal Law - Topic 5792 ].

Droit criminel - Cote 5831.1

Détermination de la peine - Facteurs à considérer - Infractions comportant un abus de confiance - [Voir Criminal Law - Topic 5831.1 ].

Droit criminel - Cote 5833

Détermination de la peine - Facteurs considérés lors de l'infliction de la peine - Dissuasion - [Voir Criminal Law - Topic 5833 ].

Droit criminel - Cote 5859

Peine - Fraude - [Voir Criminal Law - Topic 5859 ].

Cases Noticed:

R. v. Steeves (C.E.) et al. (2005), 288 N.B.R.(2d) 1; 751 A.P.R. 1; 2005 NBCA 85, refd to. [para. 12].

R. v. Chaulk (K.E.J.) (2005), 287 N.B.R.(2d) 375; 750 A.P.R. 375; 2005 NBCA 86, refd to. [para. 13].

R. v. Siemens (K.G.) (1999), 138 Man.R.(2d) 90; 202 W.A.C. 90; 136 C.C.C.(3d) 353 (C.A.), refd to. [para. 20].

R. v. Haines (E.M.), [2002] N.B.R.(2d) (Supp.) No. 92 (T.D.), refd to. [para. 24].

R. v. MacLean (K.) (2006), 298 N.B.R.(2d) 378; 775 A.P.R. 378; 2006 NBPC 3, dist. [para. 24].

Counsel:

Avocats:

Stephen Holt, for the Crown;

Frank E. Genesee, for Mary Budden.

This matter was heard on May 11, 2015, before McNally, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Moncton, who delivered the following sentencing decision on the same date.

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