R. v. Doucet (R.J.),

• Jurisdiction: New Brunswick
• Judge: Riordon, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Citation: (2005), 298 N.B.R.(2d) 19 (TD),2006 NBQB 7
• Date: 09 December 2005

R. v. Doucet (R.J.) (2005), 298 N.B.R.(2d) 19 (TD);

    298 R.N.-B.(2e) 19; 775 A.P.R. 19

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2006] N.B.R.(2d) TBEd. JA.018

Her Majesty the Queen v. Rudolphe Joseph Doucet

(N/CR/21/04; 2006 NBQB 7)

Indexed As: R. v. Doucet (R.J.)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Miramichi

Riordon, J.

December 9, 2005.

Summary:

A bankrupt pleaded guilty to two counts of failure to disclose all of his property, con­trary to s. 198(1)(c) of the Bankruptcy and Insolvency Act. One count related to real estate, the other to an RRSP.

The New Brunswick Court of Queen's Bench, Trial Division, sentenced the bank­rupt to a probation of six months.

Bankruptcy - Topic 8302

Offences - Sentence - Denunciation - [See Bankruptcy - Topic 8303 ].

Bankruptcy - Topic 8303

Offences - Sentence - Deterrence - The New Brunswick Court of Queen's Bench, Trial Division, held that denunciation and deterrence were "important sentencing objectives in bankruptcy related offences in that one must expect that a bankrupt per­son will act honestly and individuals who file for bankruptcy must act honestly in order for the bankruptcy process to work" - See paragraphs 7 to 12.

Bankruptcy - Topic 8305

Offences - Sentence - Failure to disclose all of property - A 68 year-old otherwise law-abiding bankrupt pleaded guilty to two counts of failure to disclose all of his property, contrary to s. 198(1)(c) of the Bankruptcy and Insolvency Act - One count related to real estate, the other to an RRSP - Respecting the real estate, the bankrupt failed to disclose the majority interest he had retained to prevent his son from transferring the asset - The RRSP non-disclosure resulted from incorrect investment advice that an RRSP was not available to creditors under a bankruptcy - The New Brunswick Court of Queen's Bench, Trial Division, sentenced the bank­rupt to a probation of six months - The conditions included the payment of a com­pensation of $10,000, the same amount the bankrupt had been ordered to pay on his conditional discharge.

Cases Noticed:

R. v. Yaremkevich (G.N.) (2002), 328 A.R. 180 (Prov. Ct.), folld. [para. 7].

Counsel:

Robert Rideout, for Her Majesty the Queen;

Mike Noel, for Rudolphe Joseph Doucet.

This matter was heard on December 9, 2005, by Riordon, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Miramichi, who delivered the following decision on December 9, 2005.