R. v. Collins (D.S.), (1995) 129 Nfld. & P.E.I.R. 340 (NFTD)

• Judge: Mercer, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: April 05, 1995
• Jurisdiction: Newfoundland and Labrador
• Citations: (1995), 129 Nfld. & P.E.I.R. 340 (NFTD)

R. v. Collins (D.S.) (1995), 129 Nfld. & P.E.I.R. 340 (NFTD);

    402 A.P.R. 340

MLB headnote and full text

Her Majesty the Queen v. Donald Scott Collins

(1993 St. J. No. 4257)

Indexed As: R. v. Collins (D.S.)

Newfoundland Supreme Court

Trial Division

Mercer, J.

April 18, 1995.

Summary:

The accused realtor was diagnosed as depressed with an obsessive compulsive personality, put on medication and advised not to work. He collected disability insur­ance under two policies (one group and one individual) and continued to work at a reduced level. A jury convicted the accused of fraud.

The Newfoundland Supreme Court, Trial Division, sentenced the accused to eight months' imprisonment and ordered restitution of the amount paid under the group policy. The court declined to order restitution under the individual policy where the accused's coun­sel indicated that he may have been entitled to the benefits received under it.

Criminal Law - Topic 5636

Punishments (sentence) - Fines, penalties and compensation orders - Compensation order - [See Criminal Law - Topic 5859 ].

Criminal Law - Topic 5834.7

Sentencing - Considerations on imposing sentence - Mental illness - The accused realtor was diagnosed as depressed with an obsessive compulsive personality - A jury convicted him of defrauding his insurance company - The accused's coun­sel asked the court not to impose a cus­todial sen­tence because of the accused's mental health prob­lems which had per­sisted throughout the com­mission of the offence - The New­found­land Supreme Court, Trial Divi­sion, ordered restitution and imposed a sentence of eight months' impri­sonment - There was no evi­dence of family hard­ship or excep­tional circum­stances apart from the accused's men­tal health, and the accused did not plead guilty, express remorse or make any attempt at resti­tu­tion.

Criminal Law - Topic 5836

Sentencing - Considerations on imposing sentence - Deterrence - Prevalence of similar crime - A jury convicted the accused of defrauding his insurance com­pany - The New­found­land Supreme Court, Trial Divi­sion, in sentencing the accused, stated that "[t]he dominant sentencing principle in a white collar crime is the principle of general deterrence" - See paragraph 10.

Criminal Law - Topic 5859

Sentence - Fraud - The accused realtor was diagnosed as depressed with an obsessive compulsive personality, put on medication and advised not to work - He collected disability insurance under two policies (one group and one individual) and continued to work at a reduced level - A jury convicted the accused of fraud - The Newfound­land Supreme Court, Trial Divi­sion, sen­tenced the accused to eight months' impri­sonment and ordered restitu­tion of the amount paid under the group policy - The court declined to order resti­tution under the individual policy where accused's counsel indicated that he may have been entitled to the benefits received under it.

Cases Noticed:

R. v. Spellacy (R.A.) (1994), 122 Nfld. & P.E.I.R. 235; 379 A.P.R. 235 (Nfld. T.D.), refd to. [para. 9].

R. v. Rideout (W.G.) (1990), 85 Nfld. & P.E.I.R. 107; 266 A.P.R. 107 (Nfld. T.D.), refd to. [para. 9].

R. v. Chiu (1982), 38 Nfld. & P.E.I.R. 428; 108 A.P.R. 428 (Nfld. C.A.), refd to. [paras. 9, 11].

R. v. Donnelly (1984), 31 Man.R.(2d) 25 (C.A.), dist. [paras. 10, 13].

R. v. MacKay (J.E.) (1992), 100 Nfld. & P.E.I.R. 256; 318 A.P.R. 256 (P.E.I.C.A.), dist. [paras. 10, 13].

R. v. Gaultier (P.A.) (1993), 85 Man.R.(2d) 52; 41 W.A.C. 52 (C.A.), refd to. [para. 11].

R. v. Newby (1991), 120 A.R. 68; 8 W.A.C. 68; 84 Alta. L.R.(2d) 127 (C.A.), dist. [para. 12].

R. v. Murphy (M.) (1986), 64 Nfld. & P.E.I.R. 180; 197 A.P.R. 180 (Nfld. C.A.), dist. [para. 13].

R. v. Wilcox (1988), 43 C.C.C.(3d) 432 (N.W.T.S.C.), refd to. [para. 18].

R. v. Zelensky, Eaton (T.) Co. and Canada (Attorney General) (1978), 21 N.R. 372; 41 C.C.C.(2d) 97 (S.C.C.), folld. [para. 19].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 380(1)(a) [para. 1]; sect. 725 [paras. 17, 19].

Authors and Works Noticed:

Ruby, Clayton, Sentencing, p. 408 [para. 20].

Counsel:

Nicholas Westera, for the Crown;

Robert Pittman, for the accused.

This matter was heard on April 5, 1995, by Mercer, J., of the Newfoundland Supreme Court, Trial Division, who delivered the following decision on April 18, 1995.