s. 380(1)(a)

Fraud over $5,000

Indictable fraud where the subject-matter exceeds $5,000 or is a testamentary instrument.

Plain-language explanation

When the value of the fraud is more than $5,000 — or the subject-matter is a testamentary instrument — the offence is indictable and carries a maximum sentence of 14 years.

Legal elements

• All elements of s. 380 fraud
• Value of the subject-matter exceeds $5,000, OR
• Subject-matter is a testamentary instrument

Investigator notes

• Frauds over $1 million trigger a mandatory minimum of 2 years (s. 380(1.1)).
• Aggravating factors under s. 380.1 apply on sentencing.

Section text

Every one who commits fraud … is guilty of an indictable offence and liable to imprisonment for a term 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…