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Fraud
Section 380(1) of the Criminal Code of Canada defines fraud as a serious offense that can arise from challenging circumstances. Many individuals may find themselves facing fraud charges—either for amounts under $5000 or over $5000—due to decisions made in difficult situations. At Song Criminal Defence, we understand that there are multiple perspectives to every case, and we’re here to listen to your story. Our goal is to develop a strategic plan to achieve the best possible outcome for you. Reach out to us to discuss how we can help you navigate your fraud charges.
Criminal Code of Canada, Sections 380(1)(a) and 380(1)(b)
(1) Everyone who, by deceit, falsehood, or other fraudulent means, defrauds the public or any person of any property, money, or valuable security, whether ascertained or not, is guilty of:
(a) an indictable offense and liable to imprisonment for a term not exceeding 14 years, if the subject matter of the offense is a testamentary instrument or if its value exceeds $5000; or
(b) (i) an indictable offense liable to imprisonment for a term not exceeding 2 years, or (ii) an offense punishable on summary conviction, if the value does not exceed $5000.
What the Crown Must Prove Beyond a Reasonable Doubt:
Identity of the Accused: The Crown must establish that you are the person accused of the offense.
Date and Time of the Offence: The crime must have occurred within the specified timeframe.
Jurisdiction: The case must be tried in the appropriate legal jurisdiction.
Ownership: The complainant must be the owner of something of value at the time of the offense.
Deprivation: The accused must have deprived the complainant or put them at risk of losing something of value.
Subjective Knowledge: The accused must have had knowledge of the actions leading to the deprivation.
Cause of Deprivation: This could involve deceit, falsehood, or other fraudulent means.
Sentencing on Conviction | “Punishment”
Criminal Record: A conviction for fraud will result in a criminal record.
Minimum Punishment
If the offense exceeds one million dollars and proceeds by indictment, the minimum sentence is 2 years.
If the subject matter is under $5000 and proceeds summarily, there is no mandatory minimum punishment.
Maximum Penalties
Summary Conviction (under $5000): Up to 2 years less a day in jail and/or a $5000 fine.
Indictable Offense (under $5000): Up to 2 years in prison.
Indictable Offense (over $5000): Up to 10 years in prison.
Additional Consequences
Possible DNA Order.
Mandatory Restitution Order. You may be required to pay back the amount involved.
Non-communication and Non-attendance Orders with the complainant.
Possible Forfeiture of Proceeds of Crime and Offense-Related Property.
Potential Victim Fine Surcharge.
How Song Criminal Defence Can Help
Understanding the legal implications of a fraud charge is crucial. At Song Criminal Defence, we are equipped to assist you in navigating the complexities of the criminal justice system. Every situation is unique, and we are dedicated to providing personalized support tailored to your needs.
