Accused pleaded guilty to fraud. $5,000 – $6800 theft from employer. While working as a sales representative at The Bay, the accused conducted 16 fraudulent refunds. 22 years old. No record. Remorseful. Accused subject to deportation to China if convicted. Defence application for a conditional discharge.

Held: 6 month CSO.

Discharge would not be a fit sentence. As per Sereke, 2013 ABCA 67: “Occasionally, where truly exceptional circumstances exist, this Court has upheld conditional sentences for this type of offence. No precedent from this Court supports a conditional discharge as a fit sentence for this type of offence.” The accused’s immigration status was a relevant collateral consequence of the sentence. However, as per Pham 2013 SCC 15: “The flexibility of our sentencing process should not be misused by imposing inappropriate and artificial sentences.”

M. Fontaine – Defence Counsel