R. v. Parise (A.M.), (1994) 153 N.B.R.(2d) 72 (TD)

• Judge: Paul S. Creaghan, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: October 06, 1994
• Jurisdiction: New Brunswick
• Citations: (1994), 153 N.B.R.(2d) 72 (TD)

R. v. Parise (A.M.) (1994), 153 N.B.R.(2d) 72 (TD);

    153 R.N.-B.(2e) 72; 392 A.P.R. 72

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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Her Majesty the Queen v. Anne Marie Parise

(M/M/60/94)

Indexed As: R. v. Parise (A.M.)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Moncton

Paul S. Creaghan, J.

October 6, 1994.

Summary:

The accused was charged with defrauding the Province by receiving social assistance payments to which she was not entitled.

The New Brunswick Court of Queen's Bench, Trial Division, acquitted the accused.

Criminal Law - Topic 2005

Fraudulent transactions - Fraud - Ele­ments of - The 34 year old accused single mother of three received social assistance while attending university - In breach of a condition of continuing eligibility, she did not inform the Department of changes in her resources that might affect eligibility, namely, that her boyfriend moved in with her and that she made $5,000 from the sale of some real property - She was charged with fraud (Criminal Code, s. 380(1)(a)) - The New Brunswick Court of Queen's Bench, Trial Division, acquitted the ac­cused - The Crown proved beyond a reasonable doubt that a reasonably decent person would consider the accused's ac­tions to be dishonest - See paragraphs 1 to 25 - However, the Crown did not satisfy the onus of establishing that the accused deprived the public of money - See para­graphs 26 to 42.

Cases Noticed:

R. v. Théroux (R.) (1993), 151 N.R. 104; 54 Q.A.C. 184 (S.C.C.), appld. [para. 24].

R. v. Zlatic (Z.) (1993), 151 N.R. 81; 54 Q.A.C. 161 (S.C.C.), appld. [para. 24].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 380(1)(a) [para. 2].

Social Welfare Act Regulations (N.B.), Reg. 82-227, sect. 5(1) [para. 8].

Counsel:

Glendon Abbott, for the Crown;

Anne Dugas-Horsman, for the accused.

This case was heard on October 4, 5 and 6, 1994, before Paul S. Creaghan, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Moncton, who delivered the following judgment orally on October 6, 1994.