R. v. McCullough (G.B.), 2002 SKQB 242

• Judge: Zarzeczny, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: June 05, 2002
• Jurisdiction: Saskatchewan
• Citations: 2002 SKQB 242;(2002), 221 Sask.R. 131 (QB)

R. v. McCullough (G.B.) (2002), 221 Sask.R. 131 (QB)

MLB headnote and full text

Temp. Cite: [2002] Sask.R. TBEd. JL.008

Her Majesty the Queen (respondent) v. Gerald Bernard McCullough (applicant)

(1997 Q.B.C. No. 62; 2002 SKQB 242)

Indexed As: R. v. McCullough (G.B.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Zarzeczny, J.

June 5, 2002.

Summary:

The accused was charged with two counts of fraud exceeding $5,000 for his conduct respecting a privately administered investment syndicate under the Immigrant Investor Program.

The Saskatchewan Court of Queen's Bench, in a decision reported 216 Sask.R. 61, convicted the accused of both counts.

The Saskatchewan Court of Queen's Bench, in the decision below, sentenced the accused to 21 months' imprisonment.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - The accused was convicted of two counts of defrauding a privately administered investment syndicate under the Immigrant Investor Program and its immigrant investors of $1,000,000 under an elaborate scheme - Over $500,000 went to agents, lawyers, accountants and others - The balance directly benefited the accused and his company - Collateral damage from fraud resulted in losses of further millions - Offences occurred while the accused was an alcoholic and in the midst of difficult divorce - Now 50 years old - Sober for over six years - Stable but modest employment - Support from the community - Actively participated in therapy - No prior record - Loving father - Provided financial support to two children - Breached a position of trust - Took advantage of vulnerable immigrants - Did not accept full responsibility for his actions - No prospect of restitution for victims - The Saskatchewan Court of Queen's Bench, held that a conditional sentence would not satisfy the principles of proportionality, denunciation, deterrence or parity - The court sentenced the accused to 21 months' imprisonment.

Criminal Law - Topic 5801.1

Sentencing - Proportionality - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5806.1

Sentencing - Sentence parity - General - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5848.7

Sentencing - Considerations on imposing sentence - Denunciation or repudiation of conduct - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5859

Sentence - Fraud - [See Criminal Law - Topic 5720.4 ].

Cases Noticed:

R. v. Proulx (J.K.D.), [2000] 1 S.C.R. 61; 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161, refd to. [para. 20].

R. v. Fehr (J.K.) (2001), 207 Sask.R. 101; 247 W.A.C. 101 (C.A.), refd to. [para. 32].

R. v. Horvath (B.A.) (1997), 152 Sask.R. 277; 140 W.A.C. 277 (C.A.), refd to. [para. 34].

R. v. Dickhoff (K.J.) (1998), 172 Sask.R. 1; 185 W.A.C. 1 (C.A.), refd to. [para. 34].

R. v. Moulton (K.) (2001), 213 Sask.R. 130; 260 W.A.C. 130 (C.A.), refd to. [para. 38].

R. v. McLaren (L.A.) (1995), 135 Sask.R. 137 (Q.B.), refd to. [para. 41].

R. v. Baker (H.D.) (1998), 166 Sask.R. 245 (Q.B.), refd to. [para. 41].

Counsel:

Jerome A. Tholl, for the Crown;

Glenn E.J. Sandberg, for Gerald Bernard McCullough.

This matter was heard before Zarzeczny, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who orally delivered the following judgment on June 5, 2002.