Territorial Court

Summary: Accounts receivable clerk diverts total of $7,507.58 from other customer accounts to help her take advantage of a purchase arrangement, offered by her employer, to purchase a house. Money diversion took some pre-planning and done on more than one occasion. She and spouse have annual income of $140,000.00, however, family was living beyond their means. Court finds theft from employer is breach of trust situation, main principle of sentencing is deterrence, and jail term tends to be the normal sentence. No exceptional circumstances in this case. Three prerequisites for conditional sentence met, but does not mean that offender has an absolute entitlement to a conditional sentence. Yet, conditional sentence should not be excluded for any particular type of offence. Unlikely this accused will re-offend. Father works seven days a week. Family of six children heavily dependent on mother for day to day care. Incarceration of mother would have devastating effect on family.
Decision: Sentence - Conditional sentence for nine months including 100 hours community service work and payment of $1,507.58, which is the balance of restitution owed to complainant
Subjects: Criminal law - Theft and related offences - Theft by employee