A client of our firm was charged with theft of over $5000.00 under Section 334 a) CCC from his employer.
He pleaded guilty to a charge of stealing around $30,000 and falsifying documents related to his job. The events occurred over a period of around nine months.
Over the course of the months preceding the offence, he had accumulated debts through a lifestyle marked by expenses that were greater than his income. It was during this time that he was hired by a service station, where he worked for about a year. He was a trusted employee within the company, and many responsibilities were entrusted to him, including the training of new employees.
During his daily tasks, our client saw the opportunity to falsify documents and pocket large sums of money over a nine-month period.
The stolen money primarily helped him maintain an active lifestyle despite the financial difficulties that awaited him. He was also struck with a pathological gambling problem.
While entering the guilty plea, the defence requested the preparation of a pre-sentence report to show the Court our client’s positive development since she had become an adult.
During sentencing, the prosecution requested a firm prison sentence, while we requested a sentence to be served in the community.
The stakes were therefore very high.
We demonstrated through case law that the sentencing regime that should be applied here was the less severe one and that our client could therefore benefit from a conditional sentence given the date of the offence.
It should be noted that, as of November 20th, 2012, sentences to be served in the community are no longer applicable to the offence of theft of over $5000.
We entered the following mitigating factors into evidence:
1. Our client’s young age
2. Absence of a criminal record
3. His cooperation with the police and incriminating statements
4. Sincere regrets and empathy towards his ex-employer
5. Desire to make amends to the victim
6. Reimbursement of $5000.00 during sentencing
7. Parental support and good social network
8. Low risk of recidivism
9. Positive pre-sentence report
The court accepted our suggestion and imposed a sentence of 12 months to be served in the community plus 18 months of probation.
Our client avoided a firm prison sentence.