Cristina Candea

The Crown appealed the conditional sentence of two years less a day imposed on the respondent, Joern Scholz, for fraud over $5,000.

The Court of Appeal found that the trial judge erred in principle by imposing a sentence outside the established range for major frauds and by failing to follow the proper analytical process for conditional sentences.

The court also found that the trial judge improperly considered the conduct of an OSC investigator as a mitigating factor for the convicted offence.

The appeal was allowed, the conditional sentence was set aside, and a three-year term of imprisonment was imposed.

Appellants were convicted of unlawful confinement after making a lawful citizen's arrest of individuals caught stealing from their property.

The appellants bound the thieves with zip ties and, instead of immediately calling police, called the thieves' parents after the thieves allegedly requested this and offered compensation.

The appellants were acquitted of pointing a firearm, extortion, and assault, but convicted of unlawful confinement and received suspended sentences.

On appeal, the court found that the trial judge erred in instructing the jury on the elements of unlawful confinement, particularly regarding the requirement that the Crown prove lack of consent beyond a reasonable doubt.

The Crown's closing submissions incorrectly suggested guilt was automatic upon failure to deliver the accused to police forthwith, without regard to consent.

The trial judge failed to correct these errors and inadequately instructed the jury on consent as an essential element.