R. v. Naugler

R. v. Naugler

Given the prolonged, methodical and sophisticated embezzlement and forgery that exploited a position of trust (34 extra salary cheques, pension overpayments, altered financial statements and forged signatures) and the insufficient mitigatory weight of the offender's stress, depression and remorse relative to the need for denunciation and general deterrence, a custodial sentence was required; the court imposed 8 months imprisonment, followed by 12 months probation, and a stand-alone restitution order of $145,409.05 reduced by amounts recovered through the civil judgment and garnishment.

Citation
2011 NSPC 68
Parties
Crown: Her Majesty the Queen; Defendant: Arlene Patricia Naugler
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 October 2011
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Defendant sentenced to 8 months imprisonment, followed by 12 months probation; stand-alone restitution order imposed in favour of the Dalhousie Faculty Association in the amount of $145,409.05 to be reduced by amounts recovered through civil proceedings and garnishment.
Legal Topics
Breach of Trust, Restitution, Conditional Sentence, Denunciation and Deterrence, Probation, Victim Impact, Pre Sentence Report
Source Language
English
Criminal Law Sentencing Fraud Forgery Employment Law (internal Controls) Breach of Trust Restitution Conditional Sentence +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 24 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Arlene Patricia Naugler

Defendant

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for fraud and uttering forged documents arising from a prolonged breach of trust
  2. 2 Whether a conditional sentence is appropriate in light of aggravating and mitigating factors
  3. 3 Whether a stand-alone restitution order should be imposed and its amount

Ratio Decidendi

Given the prolonged, methodical and sophisticated embezzlement and forgery that exploited a position of trust (34 extra salary cheques, pension overpayments, altered financial statements and forged signatures) and the insufficient mitigatory weight of the offender's stress, depression and remorse relative to the need for denunciation and general deterrence, a custodial sentence was required; the court imposed 8 months imprisonment, followed by 12 months probation, and a stand-alone restitution order of $145,409.05 reduced by amounts recovered through the civil judgment and garnishment.

Court Disposition

Defendant sentenced to 8 months imprisonment, followed by 12 months probation; stand-alone restitution order imposed in favour of the Dalhousie Faculty Association in the amount of $145,409.05 to be reduced by amounts recovered through civil proceedings and garnishment.

Orders

  • 8 months imprisonment.
  • 12 months probation with conditions: keep the peace and be of good behaviour; attend court as directed; advise the Court of any change of name, address, employment or occupation; report to probation services within 2 business days of release and thereafter as directed; remain in Nova Scotia unless permission...