This is a sentencing decision for Raphael Fortune, who was found guilty after trial of fraud over $5,000 and possession of proceeds of crime over $5,000.
The fraud involved a sophisticated scheme where the accused defrauded the complainant of over $300,000 CAD through a fake diamond investment opportunity.
The court considered aggravating factors such as the planned and deliberate nature of the fraud, the large scale of the loss, and the significant impact on the victim, balanced against mitigating factors including the accused being a first offender, his age (55), and his caregiving responsibilities.
The Crown sought 24-30 months imprisonment, while the defence proposed a conditional sentence or 12-18 months.
The court imposed a sentence of 15 months imprisonment, followed by one year probation, a restitution order of $303,059.75, a fine in lieu of forfeiture, a prohibition order from managing others' property, and a DNA order.
The court emphasized the need for general deterrence and denunciation in large-scale fraud cases, concluding that a conditional sentence would not adequately address these principles.
