The appellant, Sakia Mojadiddi, appealed her sentence for fraud over $5,000, specifically challenging the amount of the fine in lieu of forfeiture.
She argued the trial judge failed to account for payments made to victims.
The Court of Appeal dismissed the sentence appeal, affirming that the purpose of a fine in lieu of forfeiture is to deprive the offender of proceeds of crime, not restitutionary, and therefore payments made by co-accused or from commingled victim funds do not reduce the fine amount.
