R. v. Wilson (J.N.), 2008 NSPC 68

• Judge: Ross, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: October 16, 2008
• Jurisdiction: Nova Scotia
• Citations: 2008 NSPC 68;(2008), 278 N.S.R.(2d) 7 (PC)

R. v. Wilson (J.N.) (2008), 278 N.S.R.(2d) 7 (PC);

    886 A.P.R. 7

MLB headnote and full text

Temp. Cite: [2009] N.S.R.(2d) TBEd. JN.008

The Queen v. John Norman Wilson

(1749136; 2008 NSPC 68)

Indexed As: R. v. Wilson (J.N.)

Nova Scotia Provincial Court

Ross, P.C.J.

October 16, 2008.

Summary:

The accused operated a car dealership. He pleaded guilty to fraud. By using false and fraudulent financing documentation, the accused defrauded a bank of over $1.8 Million.

The Nova Scotia Provincial Court sentenced the accused to 26 months' imprisonment.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5859 ].

Criminal Law - Topic 5830.1

Sentencing - Considerations on imposing sentence - Mercy or leniency - [See Criminal Law - Topic 5859 ].

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - [See Criminal Law - Topic 5859 ].

Criminal Law - Topic 5859

Sentence - Fraud - The accused operated a car dealership in financial trouble - In 2001, on 68 separate occasions, the accused submitted false and fraudulent documents to his bank, obtaining over $1.8 Million to keep the dealership afloat - The accused pleaded guilty to fraud and was remorseful - He called medical evidence to suggest that he did it due to stress and depression, although it was clear that he knew what he was doing and that it was illegal - The accused had no criminal record and a previously exemplary reputation in the community - Pillars of the community provided letters of support and sought leniency for the accused, who lost everything when both the dealership and himself went bankrupt - There was personal gain to the accused (kept his business and source of livelihood operating), but the funds were not used to support an extravagant lifestyle - Restitution was not viable - The Nova Scotia Provincial Court held that a conditional sentence was not available, because a sentence exceeding two years' imprisonment was needed to address the need for general deterrence in a fraud of this magnitude - The court did not sentence an accused on the basis of his life, even if exemplary - The sentence imposed must be appropriate for the criminal conduct in the larger societal context - This was not a "victimless" fraud just because a bank was defrauded - The court sentenced the accused to 26 months' imprisonment.

Cases Noticed:

R. v. Proulx (J.K.D.) (2000), 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161 (S.C.C.), refd to. [para. 16].

R. v. Spensieri, 2007 ONCJ 425, refd to. [para. 21].

R. v. Bortolussi (R.) (1997), 36 O.T.C. 189 (Gen. Div.), refd to. [para. 24].

R. v. Black (F.W.L.) (2003), 214 N.S.R.(2d) 201; 671 A.P.R. 201 (S.C.), refd to. [para. 28].

R. v. Moulton (K.) (2001), 213 Sask.R. 130; 260 W.A.C. 130 (C.A.), refd to. [para. 31].

R. v. Dobis (M.) (2002), 157 O.A.C. 83 (C.A.), refd to. [para. 31].

R. v. Dickhoff (K.J.) (1998), 172 Sask.R. 1; 185 W.A.C. 1; 130 C.C.C.(3d) 494 (C.A.), refd to. [para. 36].

R. v. Berntson (E.A.) (2000), 191 Sask.R. 281; 232 W.A.C. 281 (C.A.), refd to. [para. 31].

R. v. Matheson (J.R.) (2001), 194 N.S.R.(2d) 124; 606 A.P.R. 124 (S.C.), refd to. [para. 31].

R. v. Hill (L.A.) (1997), 160 N.S.R.(2d) 21; 473 A.P.R. 21 (C.A.), refd to. [para. 31].

R. v. Kuriya (B.), [2002] N.B.R.(2d) (Supp.) No. 60 (T.D.), refd to. [para. 31].

Counsel:

Diane McGrath, for the Crown;

Joel Pink, for the accused.

This matter was heard at Sydney, N.S., before Ross, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on October 16, 2008.