R. v. Saade (S.P.), (2006) 249 N.S.R.(2d) 58 (SC)

• Judge: S.J. MacDonald, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: September 21, 2006
• Jurisdiction: Nova Scotia
• Citations: (2006), 249 N.S.R.(2d) 58 (SC);2006 NSSC 279

R. v. Saade (S.P.) (2006), 249 N.S.R.(2d) 58 (SC);

    792 A.P.R. 58

MLB headnote and full text

Temp. Cite: [2006] N.S.R.(2d) TBEd. NO.032

Her Majesty The Queen v. Simon Peter Saade

(CRH 262395; 2006 NSSC 279)

Indexed As: R. v. Saade (S.P.)

Nova Scotia Supreme Court

S.J. MacDonald, J.

September 22, 2006.

Summary:

The accused pleaded guilty to unauthorized use of credit card data (Criminal Code, s. 342(3)(c)). The accused and two others obtained employment at three Petro Canada gas stations using fake identification and engaged in "bank card skimming" activities for three months, resulting in losses of approximately $250,000 to banks. The stolen bank card information was either sold to others or used by the accused to make blank bank cards to access accounts.

The Nova Scotia Supreme Court sentenced the accused to two years' imprisonment.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5899 ].

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - [See Criminal Law - Topic 5899 ].

Criminal Law - Topic 5899

Sentence - Debit and credit card offences (incl. fraud, theft, etc.) - The accused and two others obtained employment at three Petro Canada gas stations using fake identification - They engaged in "bank card skimming", whereby over a period of three months they stole all of the electronic data stored in bank cards - The information was either sold to third parties or used to make blank bank cards to access accounts - The banks involved lost approximately $250,000 - The accused, a first time offender who pleaded guilty to unauthorized use of credit card data and was remorseful, sought a conditional sentence, submitting that he was unlikely to re-offend - The Nova Scotia Supreme Court held that a conditional sentence would not adequately meet the need for deterrence of this increasingly frequent crime that was wrecking havoc on the banking system and the public's confidence in it - The court stated that "people who steal credit card information in this manner must be stopped" - The need for strong deterrence required a sentence of two years' imprisonment.

Cases Noticed:

R. v. Grady (1971), 5 N.S.R.(2d) 264 (C.A.), refd to. [para. 7].

R. v. S.C. (1999), 175 N.S.R.(2d) 158; 534 A.P.R. 158 (C.A.), refd to. [para. 11].

R. v. McNeil (J.B.) (1997), 164 N.S.R.(2d) 27; 491 A.P.R. 27 (S.C.), refd to. [para. 12].

R. v. Onose (A.) (2004), 353 A.R. 171 (Prov. Ct.), dist. [para. 13].

R. v. Dickson (S.M.), [1999] N.B.R.(2d) (Supp.) No. 30 (T.D.), dist. [para. 13].

R. v. Grecu (B.A.) (2004), 369 A.R. 1 (Prov. Ct.), dist. [para. 13].

R. v. Proulx (J.K.D.) (2000), 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161; 140 C.C.C.(3d) 449 (S.C.C.), refd to. [para. 18].

Counsel:

Scott Botterill, for the Crown;

Peter Mancini, for the accused.

This matter was heard on September 21, 2006, at Halifax, N.S., before S.J. MacDonald, J., of the Nova Scotia Supreme Court, who delivered the following judgment orally on September 22, 2006.