R. v. Kanagaratnam (K.), (2011) 276 Man.R.(2d) 10 (PC)

• Judge: Moar, P.C.J.
• Court: Provincial Court of Manitoba (Canada)
• Case Date: November 18, 2011
• Jurisdiction: Manitoba
• Citations: (2011), 276 Man.R.(2d) 10 (PC);2011 MBPC 72

R. v. Kanagaratnam (K.) (2011), 276 Man.R.(2d) 10 (PC)

MLB headnote and full text

Temp. Cite: [2012] Man.R.(2d) TBEd. MR.006

Her Majesty The Queen v. Kokulan Kanagaratnam (accused)

(2011 MBPC 72)

Indexed As: R. v. Kanagaratnam (K.)

Manitoba Provincial Court

Moar, P.C.J.

November 18, 2011.

Summary:

The accused pled guilty to possession of an instrument for forging credit cards (x11); forging/falsifying a credit card (x4); possession of a forged credit card; and possession of another person's identity information intended to be used to commit a criminal offence (x16). The accused was born in Sri Lanka and immigrated to Canada in 2002. If he was sentenced to a period of two years or more, he could not appeal any deportation order that might be sought.

The Manitoba Provincial Court imposed a sentence of two years less a day. Given the 14 months of pre-trial custody, the sentence would be reflected as 10 months less a day on each offence going forward that would be served concurrent to one another. That would be followed by 36 months of supervised probation. The court also made restitution orders in the amounts of $4,060.74 and $47,254.77.

Criminal Law - Topic 5833.2

Sentencing - Considerations on imposing sentence - Offence associated with organized crime - [See Criminal Law - Topic 5899 ].

Criminal Law - Topic 5834.8

Sentencing - Considerations on imposing sentence - Effect on citizenship or immigration application, status, etc. - [See Criminal Law - Topic 5899 ].

Criminal Law - Topic 5840

Sentencing - Considerations on imposing sentence - Prospective deportation of convict - [See Criminal Law - Topic 5899 ].

Criminal Law - Topic 5876

Sentence - Forgery - [See Criminal Law - Topic 5899 ].

Criminal Law - Topic 5899

Sentence - Debit and credit card offences (incl. fraud, theft, etc.) - The accused pled guilty to possession of an instrument for forging credit cards (x11); forging/falsifying a credit card (x4); possession of a forged credit card; and possession of another person's identity information intended to be used to commit a criminal offence (x16) - The accused and his accomplices placed a device over top of automated banking machines to capture credit card and debit card data, which they then placed onto duplicate cards used to withdraw funds from those accounts - The offences were committed in Edmonton, Calgary, Saskatoon and Winnipeg - The accused was 27 years old - He was born in Sri Lanka and immigrated to Canada in 2002 - If he was sentenced to a period of two years or more, he could not appeal any deportation order that might be sought - The Manitoba Provincial Court stated that in addition to the statutory aggravating factor under s. 718.2(iv) of the Criminal Code (where offence committed for the benefit of, at the direction of, or in association with a criminal organization), the aggravating factors included that the operation involved a number of people of which the accused was at a minimum a party and often an active participant; there was a high degree of planning and sophistication; there had been no recovery of any of the funds stolen; the total loss was nearly $100,000; and the offences spanned three provinces - In mitigation, the court noted that the accused had no prior criminal record, he pled guilty and he had made strides while in custody - The primary principles to consider were denunciation and deterrence - The court found that a fit sentence would be two years - After considering the immigration issue, the court imposed a global sentence of two years less a day - Given the 14 months of pre-trial custody, the sentence would be reflected as 10 months less a day on each offence going forward that would be served concurrent to one another - That would be followed by 36 months of supervised probation - The court also made restitution orders in the amounts of $4,060.74 and $47,254.77.

Cases Noticed:

R. v. Singh (L.) (2006), 400 A.R. 221; 2006 ABPC 156, refd to. [para. 77].

R. v. Naqvi (I.S.) (2005), 396 A.R. 391; 2005 ABPC 339, refd to. [para. 77].

R. v. Mayer (M.E.) (2006), 384 A.R. 183; 367 W.A.C. 183; 2006 ABCA 149, refd to. [para. 77].

R. v. Sandranathan, 2007 ONCJ 261, refd to. [para. 77].

R. v. Sritharan, 2009 ONCJ 563, refd to. [para. 77].

R. v. Sagoo (I.S.) (2010), 474 A.R. 190; 479 W.A.C. 190; 2010 ABCA 29, refd to. [para. 77].

R. v. Arganda (J.R.) (2011), 262 Man.R.(2d) 244; 507 W.A.C. 244; 2011 MBCA 24, refd to. [para. 77].

R. v. Pechterski, 2007 ONCJ 533, refd to. [para. 77].

R. v. Coman (D.G.) (2004), 353 A.R. 368; 2004 ABPC 18, refd to. [para. 77].

R. v. Onose (A.) (2004), 353 A.R. 171; 2004 ABPC 44, refd to. [para. 77].

R. v. Lee, [1992] N.J. No. 354 (C.A.), refd to. [para. 87].

R. v. Djambazov, [2011] B.C.J. No. 1854, refd to. [para. 99].

R. v. Taylor (M.A.) (2010), 262 Man.R.(2d) 43; 507 W.A.C. 43; 2010 MBCA 103, refd to. [para. 108].

Counsel:

Donald Melnyk, for the Crown;

Eric A. Wach, for the accused.

This matter was heard before Moar, P.C.J., of the Manitoba Provincial Court, who delivered the following judgment on November 18, 2011.