Accused pleaded guilty to theft from her brother’s company. Accused unlawfully transferred the money to a numbered company that she owned. $98,099.87 theft. $79,853.25 paid in restitution by the time of sentencing. Accused had a gambling disorder.

Held: 18 months jail, and 12 months probation.

As per Fulcher, 2007 ABCA 381: ” … absent truly exceptional circumstances, the sentencing goals of deterrence and denunciation demand a sentence of imprisonment rather than the imposition of a conditional sentence for the crimes of embezzlement”. Gambling disorder is not an exceptional circumstance.

A. Fay – Defence Counsel