Conditional Sentences in Major Frauds

Obtaining a conditional sentence for a major fraud remains difficult. In this author's experience such sentences are normally obtained only as part of a joint sentence.

This week's decision in R. v. Siddiqui, 2008 ONCA 312 emphasizes ths point:

[2]               The trial judge recognized that the paramount consideration in cases of large scale frauds such as this are denunciation and general deterrence.  He turned his mind to whether a conditional sentence should be imposed in the particular circumstances including, as we read his reasons, the mitigating factors present in this case.  The trial judge also took the mitigating factors into account by reducing the sentence that he otherwise thought fit.
James Morton
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