R. v. Flemming

R. v. Flemming

Given the facts — an extended breach of trust involving approximately $43,000, but unsophisticated theft, the offender's early admission, lack of prior record, demonstrated remorse, ongoing employment and family support, and no evidence she endangered community safety — a custodial sentence of less than two years served in the community as an 18 month conditional sentence with strict conditions (including house arrest), plus 12 months probation and a restitution order, was proportionate and appropriate.

Citation
2013 NSPC 110
Parties
Crown: Her Majesty the Queen; Accused: Mary Arlene Flemming
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
3 October 2013
Procedural Posture
Criminal Theft (s.334(a) Criminal Code) / Sentencing
Outcome
Offender convicted and sentenced to an 18 month conditional sentence with strict conditions including house arrest; followed by 12 months probation; restitution ordered.
Legal Topics
Breach of Trust, Conditional Sentence Order, Aggravating and Mitigating Factors, Victim Impact
Source Language
English
Criminal Law Sentencing Theft Restitution Breach of Trust Conditional Sentence Order Aggravating and Mitigating Factors Victim Impact

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Parties

Her Majesty the Queen

Crown

Mary Arlene Flemming

Accused

Procedural Posture

Criminal Theft (s.334(a) Criminal Code) / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence order is appropriate
  2. 2 Appropriate length and conditions of sentence
  3. 3 Assessment of breach of trust and moral blameworthiness

Ratio Decidendi

Given the facts — an extended breach of trust involving approximately $43,000, but unsophisticated theft, the offender's early admission, lack of prior record, demonstrated remorse, ongoing employment and family support, and no evidence she endangered community safety — a custodial sentence of less than two years served in the community as an 18 month conditional sentence with strict conditions (including house arrest), plus 12 months probation and a restitution order, was proportionate and appropriate.

Court Disposition

Offender convicted and sentenced to an 18 month conditional sentence with strict conditions including house arrest; followed by 12 months probation; restitution ordered.

Orders

  • 18 month Conditional Sentence Order with strict conditions including house arrest
  • 12 month Probation Order with standard and specific conditions