380. (1) Every one who, by deceit, falsehood or
other fraudulent means, whether or not it is a false pretence within the
meaning of this Act, defrauds the public or any person, whether ascertained or
not, of any property, money or valuable security or any service,
(a) is guilty of an indictable offence and
liable to a term of imprisonment not exceeding fourteen years, where the
subject-matter of the offence is a testamentary instrument or the value of the
subject-matter of the offence exceeds five thousand dollars; or
(b) is guilty
(i) of an indictable offence and is liable to
imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,
where the value of the subject-matter of the
offence does not exceed five thousand dollars.
Affecting public market
(2) Every one who, by deceit, falsehood or other fraudulent means,
whether or not it is a false pretence within the meaning of this Act, with
intent to defraud, affects the public market price of stocks, shares,
merchandise or anything that is offered for sale to the public is guilty of an
indictable offence and liable to imprisonment for a term not exceeding fourteen
years.
R.S., 1985, c. C-46, s. 380; R.S., 1985, c. 27 (1st Supp.), s. 54; 1994,
c. 44, s. 25; 1997, c. 18, s. 26; 2004, c. 3, s. 2.
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
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.
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.
