After a woman pleaded guilty to stealing nearly $88,000, she will serve no time in jail, an Alberta court ruled.
In his sentencing in early February, Justice Gregory DM Sterling handed down a conditional sentence of two years less one day, followed by three years probation. The woman must also pay back her former employer.
The Crown sought a 15-month jail sentence and 12-month probation, while the defence was seeking two years less a day followed by two years’ probation.
According to court documents, the 46-year-old woman has a history of abuse and mental health conditions, which Sterling factored into his decision.
“I find here that [her] individualized circumstances are exceptional enough that a period of actual incarceration would be disproportionately harsh for the specific and particular circumstances of this offence, and the individualized circumstances of this offender,” he said.
The woman worked at a Toyota dealership for 14 years and stole $87,859 from January 2018 to September 2022. The court revealed the fraud was discovered while she was on holiday.
Accordingly, she told a colleague that gas cards worth $20,000 were missing, then showed her employer a $5,000 bank draft and stated she stole that amount while also asking to keep her job.
After the company reviewed its records and showed the loss could be as high as $254,000, she admitted to taking the amount she pleaded guilty to, but “could not remember some other transactions.”
A Gladue Report–which gives background on the unique circumstances of Indigenous people–revealed she suffered multiple brain injuries and concussions, grew up with depression and anxiety, and was in an abusive relationship for years.
Additionally, a forensic assessment outpatient service (FAOS) report states she had self-reported anxiety and was “embracing illness and projecting inability;” however, a letter from her psychologist says she was diagnosed with anxiety and generalized (severe) anxiety disorder, adding she “would not fair well in prison” given her mental health and “stress levels.”
Sterling’s conclusion says the conditional sentence will include a 24-hour house arrest for 18 months and will be followed by a curfew of 8 p.m. to 6 a.m. for the remaining six months “subject to exceptions set out at the sentencing.”
She is also required to perform 240 hours of community service.