Criminal Code

Marginal note:Sentencing — aggravating circumstances

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

  • (a) the magnitude, complexity, duration or degree of planning of the fraud committed was significant;

  • (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;

  • (c.1) the offence had a significant impact on the victims given their personal circumstances including their age, health and financial situation;

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

  • (e) the offender did not comply with a licensing requirement, or professional standard, that is normally applicable to the activity or conduct that forms the subject-matter of the offence; and

  • (f) the offender concealed or destroyed records related to the fraud or to the disbursement of the proceeds of the fraud.

• Marginal note:Aggravating circumstance — value of the fraud

  (1.1) Without limiting the generality of section 718.2, when a court imposes a sentence for an offence referred to in section 382, 382.1 or 400, it shall also consider as an aggravating circumstance the fact that the value of the fraud committed exceeded one million dollars.

• Marginal note:Non-mitigating factors

  (2) When a court imposes a sentence for an offence referred to in section 380, 382, 382.1 or 400, it 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.

• Marginal note:Record of proceedings

  (3) The court shall cause to be stated in the record the aggravating and mitigating circumstances it took into account when determining the sentence.