Summary

Keywords

Criminal law — Fraud — Fraud by a public officer — Elements of offence — Appeal —Sufficiency of reasons — Whether trial judge’s reasons were sufficient — Whether the Court of Appeal’s use of the wrong legal test for sufficiency of reasons creates an artificial requirement for exactitude that is inconsistent with the functional approach mandated by this Court, and will overburden already busy trial courts — Whether the Court of Appeal’s use of the wrong legal test for fraud by a public officer will impose on the Crown an otherwise non-existent burden of proof and which will, also, overburden already busy courts.

Summary

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The respondent was the CEO of a hospital. The offences involved personal expenses incurred on her corporate credit card. The respondent was convicted of fraud and fraud by a public officer. The Court of Appeal allowed the appeal, set aside the convictions, and ordered a new trial.

Lower Court Rulings