R. v. Chiu, (1982) 38 Nfld. & P.E.I.R. 428 (NFCA)

• Judge: Mifflin, C.J.N., Gushue and Mahoney, JJ.A.
• Court: Court of Appeal (Newfoundland)
• Case Date: November 01, 1982
• Jurisdiction: Newfoundland and Labrador
• Citations: (1982), 38 Nfld. & P.E.I.R. 428 (NFCA)

R. v. Chiu (1982), 38 Nfld. & P.E.I.R. 428 (NFCA);

    108 A.P.R. 428

MLB headnote and full text

R. v. Chiu

(1982 No. 129)

Indexed As: R. v. Chiu

Newfoundland Court of Appeal

Mifflin, C.J.N., Gushue and Mahoney, JJ.A.

November 1, 1982.

Summary:

A doctor was convicted of fraud contrary to s. 338(1)(a) of the Criminal Code of Canada and fined $2,000.00, placed on probation for one year and ordered to make restitution of $100,000.00. The Crown applied for leave to appeal against sentence.

The Newfoundland Court of Appeal allowed the appeal and increased the sentence to 12 months imprisonment plus one year probation with the condition of restitution.

Criminal Law - Topic 5849.1

Sentencing - Considerations - Position of public trust of accused - The Newfoundland Court of Appeal stated that the most important principle in sentencing a person who holds a position of trust was that of general deterrence - The court stated that persons who violate a trust for their own enrichment must expect a term of imprisonment - See paragraph 12.

Criminal Law - Topic 5859

Sentence - Fraud - A 45 year old dispensing physician defrauded the government of $100,000.00 through its prescription drug program, over 1.5 years - Married with three children - Lost his job, fined $800.00 by medical board, suspended from practice - Moved to Ontario, presently unemployed - Money repaid - The Newfoundland Court of Appeal increased the sentence from a $2,000.00 fine plus one year probation to 12 months imprisonment plus one year probation - See paragraphs 12 to 14.

Cases Noticed:

R. v. Warner (1974), 7 Nfld. & P.E.I.R. 79; 3 A.P.R. 79, not folld. [para. 12].

Counsel:

Darrell Martin, for the appellant;

Joseph Hutchings, for the respondent.

This appeal was heard before MIFFLIN, C.J.N., GUSHUE and MAHONEY, JJ.A., of the Newfoundland Court of Appeal. The decision of the Court of Appeal was delivered by MIFFLIN, C.J.N., on November 1, 1982.