In R v. Byrne (2009), 2009 CanLII 17117 (NL PC), 286 Nfld & PEIR 191 (N.L.P.C.), the accused was charged with fraud as well as giving a reward to a government official in consideration for assistance in connection with a business transaction relating to the government. The sentence imposed for the offences was two years less a day and 18 months incarceration (concurrent) respectively. In commenting on the availability of a conditional sentence, the court stated at para. 42: In circumstances such as these, the need for denunciation is so pressing that incarceration in custody is the only suitable way to express society’s condemnation of the offender’s conduct. A message must be sent by the sentence imposed by this court that will help the public understand this conduct was highly reprehensible and that it carries with it serious criminal consequences.
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