Accused pleaded guilty to fraud over $5000. Accused stole $17,797.50 from a community association that he served as a president of. Accused later forged a letter, claiming to be a lawyer, threatening to sue the association if details of his resignation were made public. Prior record for tax evasion. Guilty plea entered on morning of trial. No restitution paid. 41 year old accused with a young family who was living well beyond his means.
Held: 12 months jail.
Although accused was essentially bankrupt, he was continuing to spend close to $10,000 a year on activities such as mountain ski lessons for his children. Case law regarding breach of trust fraud reviewed. Jail was necessary.
J. Chevrefils – Defence Counsel