Crown appeal from 12 month CSO followed by probation for a $9,4347.22 theft from employer. Minimal CSO conditions imposed. $7,000.00 repaid. Accused was in an abusive relationship and is the primary parent of an 11 year old.
Held: Appeal allowed. Curfew condition added to the CSO.
“We agree with the Crown’s submission that the sentence does not give sufficient emphasis to the objectives of denunciation and deterrence … We also agree that prior decisions of this Court make clear that, absent exceptional circumstances, general deterrence requires a custodial sentence in cases of employee thefts … We are satisfied, however – taking into account the gravity of the offence, the circumstances of this offender and the remorse demonstrated … that exceptional circumstances exist here.”
A. Serink – Defence Counsel