In R. v. Dey, the Quebec Court has sentenced a credit card fraudster to 18 months incarceration, followed by two years of probation. The Court rejected the defence position that financial institutions were in part to blame, holding that: The fact that credit may be obtained too easily is not a mitigating factor on sentence. Banks may be faulted for overly encouraging the use of credit cards, but that does not excuse, or mitigate Mr Dey's [fraudulent] actions... Where fraudulent means are used to acquire credit or goods, the courts must send a clear message that such activity will be punished, in order to ensure that the cost-benefit analysis considered when embarking on a fraudulent scheme is never perceived as being "worth the risk". The decision is consistent with the approach taken recently by the Manitoba courts in R. v. Berthelot. Click here, for our post on that case.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
