FRAUDS AND WHITE COLLAR CRIMES

Fraud

380(1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or

(b) is guilty

1. Of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

2. Of an offence punishable on summary conviction,

where the value of the subject-matter of the offence does not exceed five thousand dollars

To find someone guilty of Fraud, the Crown must prove that: (a) the defendant deprived the complainant of something of value, including any property, money, valuable security or service, (b) the defendant’s deceit, falsehood or other fraudulent means caused the deprivation, and (c) the defendant intended to defraud the complainant.

False Pretenses

362(1) Every one commits an offence who

(a) By a false pretence, whether directly or through the medium of a contract obtained by a false pretence, obtains anything in respect of which the offence of theft may be committed or causes it to be delivered to another person;