R. v. Hill

R. v. Hill Court Court of Appeal Date 1997-05-20 Citation 1997 NSCA 138 Docket CAC 135795 Judge/Registrar/Adjudicator Freeman, Gerald B. (Honourable Justice) (CA); Pugsley, Ronald N. (Honourable Justice); Chipman, David (Honourable Justice) Document Type Decision Relations Library Sheet - R. v. Hill - 1997 NSCA 138 - 1997-05-20 - Library Sheet Decision Content Date: 19970520 Docket: CAC 135795 NOVA SCOTIA COURT OF APPEAL Cite as: R. v. Hill, 1997 NSCA 138 Chipman, Freeman and Pugsley, JJ.A. BETWEEN: ) ) LINDA ANNE HILL ) Donald L. Presse ) for the Appellant Appellant ) ) - and - ) ) HER MAJESTY THE QUEEN ) Denise C. Smith ) for the Respondent Respondent ) ) ) ) ) Appeal Heard: ) May 20, 1997 ) ) ) Judgment Delivered: ) May 20, 1997 THE COURT: Leave to appeal is granted, but the appeal is dismissed as per oral reasons for judgment of Chipman, J.A.; Freeman and Pugsley, JJ.A., concurring. The reasons for judgment of the Court were delivered orally by: CHIPMAN, J.A.: This is an application for leave and, if granted, an appeal from a sentence of 12 months incarceration imposed by Gruchy, J. in Supreme Court. The appellant pled guilty to a charge of fraud exceeding $5,000 contrary to s. 380(1)(a) of the Criminal Code. The appellant had engaged in a carefully planned scheme which enabled her to defraud her employer of more than $144,000. Following detection, she immediately accepted responsibility for her actions, cooperated with the authorities and pled guilty at the earliest opportunity. No explanation, other than one consistent with greed and envy, was ever given for the commission of the offence. Only about $17,000 was recovered from a bank account of the appellant. At the appellant's sentencing it was urged upon Gruchy, J. that he should impose a conditional sentence. He declined to do so saying that in the circumstances of this case, such an option was not appropriate. We have heard the argument of counsel and have carefully reviewed the reasons for judgment of Gruchy, J. in passing sentence. We are satisfied that the trial judge considered all the appropriate principles in imposing sentence in this case, and that he committed no error. See this Court's judgment in R. v. Frenette, May 14, 1997, C.A.C. No. 132540. Leave to appeal is granted, but the appeal is dismissed. Chipman, J.A. Concurred in: Freeman, J.A. Pugsley, J.A.