- Types of Fraud
- Proof of Fraud
Types of Fraud
There are dozens of fraud-related offences which are specifically delineated in the Criminal Code, each of which have specific penalties. If you are convicted of fraud and the value of the property exceeds $5000, As with Theft charges, Fraud simpliciter is divided between Fraud Over or Under $5000. Fraud Over $5000 is “straight indictable” offence carrying a maximum penalty of 14 years’ imprisonment. The length of the maximum sentence means that discharges are unavailable and a criminal record will automatically result on conviction, no matter how many mitigating factors might be present. While the imposition of a sentence even close to the maximum sentence is rare, there is always a strong likelihood of jail time in such cases. In the case of Fraud Under $5000, discharges may be available.
Proof of Fraud
In order to successfully prove a fraud-related charge, the Crown must prove that the accused “by deceit, falsehood or other fraudulent means” defrauded another person or persons of any property. Documents and computer records usually form a large part of the Crown’s case and evidentiary rules surrounding the admissibility of documents can create roadblocks to conviction. The number of documents and records can be voluminous. These cases require careful analysis to determine whether there are holes in the Crown’s proof.
The statement above is not legal advice. It is simply intended to give a very general understanding of this offence and some of the possible issues and defences that might be considered in defending it. For legal advice on fraud charges, click here.