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Criminal Code

Version of section 380.1 from 2004-09-15 to 2011-10-31:

Marginal note:Sentencing — aggravating circumstances

  •  (1) Without limiting the generality of section 718.2, where a court imposes a sentence for an offence referred to in sections 380, 382, 382.1 and 400, it shall consider the following as aggravating circumstances:

    • (a) the value of the fraud committed exceeded one million dollars;

    • (b) the offence adversely affected, or had the potential to adversely affect, the stability of the Canadian economy or financial system or any financial market in Canada or investor confidence in such a financial market;

    • (c) the offence involved a large number of victims; and

    • (d) in committing the offence, the offender took advantage of the high regard in which the offender was held in the community.

  • Marginal note:Non-mitigating factors

    (2) The court shall not consider as mitigating circumstances the offender’s employment, employment skills or status or reputation in the community if those circumstances were relevant to, contributed to, or were used in the commission of the offence.

  • 2004, c. 3, s. 3

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