R. v. Connell

R. v. Connell

The joint recommendation of a custodial sentence of 24 months and restitution of $119,918.79 was accepted because the offence involved abuse of a managerial position of trust, a large and sustained theft over 11 months with significant impact on a small business, and required a sentence emphasizing general deterrence and denunciation that outweighed mitigating factors such as lack of prior record.

Citation
2015 NSSC 11
Parties
Crown: Her Majesty the Queen; Accused: Robin Joy Connell
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 January 2015
Procedural Posture
Criminal Theft (s.334(a) Criminal Code) / Post Conviction Sentencing
Outcome
Convicted of theft; sentenced to custody
Legal Topics
Theft, Position of Trust, Restitution, General Deterrence, Aggravating Factors
Source Language
English
Criminal Law Sentencing Theft Position of Trust Restitution General Deterrence Aggravating Factors

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Parties

Her Majesty the Queen

Crown

Robin Joy Connell

Accused

Procedural Posture

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

Legal Issues

  1. 1 Appropriate sentence for theft over $5,000 committed by a manager in position of trust
  2. 2 Weight to give to aggravating factors (amount, prolonged scheme, impact on small business) versus mitigating factors (no prior record, pro-social history)
  3. 3 Appropriate restitution amount after insurance recovery

Ratio Decidendi

The joint recommendation of a custodial sentence of 24 months and restitution of $119,918.79 was accepted because the offence involved abuse of a managerial position of trust, a large and sustained theft over 11 months with significant impact on a small business, and required a sentence emphasizing general deterrence and denunciation that outweighed mitigating factors such as lack of prior record.

Court Disposition

Convicted of theft; sentenced to custody

Orders

  • Custodial sentence of 24 months imprisonment
  • Restitution order in the amount of 119,918.79 CAD (amount stolen 159,918.79 CAD minus 40,000 CAD insurance payout)