R. v. Corkery, (1992) 113 N.S.R.(2d) 132 (ProvCt)

• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: April 12, 1992
• Jurisdiction: Nova Scotia
• Citations: (1992), 113 N.S.R.(2d) 132 (ProvCt)

R. v. Corkery (1992), 113 N.S.R.(2d) 132 (ProvCt);

 309 A.P.R. 132

MLB headnote and full text

Her Majesty the Queen v. Ronald Corkery

(No. 105849-52)

Indexed As: R. v. Corkery

Nova Scotia Provincial Court

Batiot, J.P.C.

April 12, 1992.

Summary:

An accused was charged with fraud, theft, and two counts of extortion contrary to ss. 380(1)(a), 334(a) and 346 of the Criminal Code.

The Nova Scotia Provincial Court con­victed the accused on all counts.

Criminal Law - Topic 1703

Offences against property - Theft - Special types - By person required to account - [See Criminal Law - Topic 2001 ].

Criminal Law - Topic 1752

Offences against property - Extortion - What constitutes - A general manager of a car dealership obtained $300 in cash from two salesmen by threatening to with­hold payment of a cash incentive - The manager kept no record of receiving the cash - The Nova Scotia Provincial Court found the manager guilty of two counts of extortion contrary to s. 346 of the Criminal Code.

Criminal Law - Topic 2001

Fraudulent transactions - Fraud - What constitutes fraud - A general manager of a car dealership received $2,100 from various unrecorded transactions ("spiffs") - The manager kept the money without informing the customer, the dealership or Revenue Canada - The Nova Scotia Pro­vincial Court found the manager guilty of fraud and theft contrary to ss. 380(1)(a) and 334(a) of the Criminal Code.

Cases Noticed:

R. v. Campbell (1977), 38 C.C.C.(2d) 6 (Ont. C.A.), appld. [para. 82].

Counsel:

Alanna Murphy, for the Crown;

Robert Murrant, Q.C., for the accused.

This case was heard on December 16, 17, 18, 19 and 20, 1991, and on January 9 and 10, 1992, at Halifax, N.S., before Batiot, J.P.C., of the Nova Scotia Provincial Court, who delivered the following judgment on April 12, 1992: