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Theft of mail as charged under S.380: Paragraph 380(1)(a) of the Criminal Code [18] Paragraph 380(1)(a) reads as follows: Every one who, by deceit, falsehood or other fraudulent means, whether or not it is 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; [19] The Board finds that the essential elements are the following: 1) Every one who, 2) by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, 3) defrauds the public or any person, whether ascertained or not, 4) of any property, money or valuable security or any service. [20] The actus reus consists in defrauding the public or any person of any property, money or valuable security or any service. The value of the subject-matter of the offence determines the term of imprisonment for which it is liable. [21] The Supreme Court of Canada held in Vézina and The Queen and in The Queen and Olan that the two essential elements of fraud are “dishonesty” and “deprivation”[11].

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S.380:  

 Paragraph 380(1)(a) of the Criminal Code

[18]           Paragraph 380(1)(a) reads as follows:

Every one who, by deceit, falsehood or other fraudulent means, whether or not it is 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;

[19]           The Board finds that the essential elements are the following:

1)      Every one who,

2)      by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act,

3)      defrauds the public or any person, whether ascertained or not,

4)      of any property, money or valuable security or any service.

[20]           The actus reus consists in defrauding the public or any person of any property, money or valuable security or any service. The value of the subject-matter of the offence determines the term of imprisonment for which it is liable.

[21]           The Supreme Court of Canada held in Vézina and The Queen and in The Queen and Olan that the two essential elements of fraud are “dishonesty” and “deprivation”[11].

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