Ryan Clements

In an addendum to a previous appeal decision, the Court of Appeal accepted a joint submission regarding the time to pay a $10,700 fine imposed in lieu of forfeiture.

The offender was granted two years to pay the fine following her latest date of release from custody in relation to her current and pending sentences.

The appellant was convicted of fraud over $5,000 and using forged documents after obtaining a fraudulent mortgage using her half-sister's identity.

She appealed her convictions, arguing they violated the Kienapple rule, and her 3.5-year sentence.

The Crown appealed the trial judge's refusal to order a fine in lieu of forfeiture.

The Court of Appeal dismissed the conviction appeal, finding no legal nexus between the offences.

While the trial judge erred in principle during sentencing, the 3.5-year sentence was upheld as fit given the breach of trust and the appellant's history.

The Crown's appeal was allowed in part, with a $10,700 fine in lieu of forfeiture ordered based on the limited evidence of the appellant's control over the unrecovered funds.