R. v. Lee

R. v. Lee

Because the offences consisted of prolonged, deliberate thefts exploiting a position of trust, caused significant harm to a vulnerable small business, were concealed and the offender failed to accept responsibility (compounded by a demonstrated fabrication of a cancer history undermining credibility), a conditional sentence would not meet the pressing objectives of denunciation and deterrence; therefore ten months custodial sentence was imposed and restitution ordered for $68,782.22, followed by twelve months probation with specified conditions.

Citation
2011 NSPC 81
Parties
Crown: Her Majesty the Queen; Defendant: Sherri Dawn Lee
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 November 2011
Procedural Posture
Criminal Theft and Fraud / Sentencing After Conviction
Outcome
Convicted on three counts; sentenced to ten months imprisonment, taken into custody; restitution ordered; twelve months probation upon release with conditions.
Legal Topics
Breach of Trust, Conditional Sentence, Aggravating and Mitigating Factors, Victim Impact Statements, False Statements to Court
Source Language
English
Criminal Law Sentencing Fraud Theft Restitution Breach of Trust Conditional Sentence Aggravating and Mitigating Factors +2 more

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Parties

Her Majesty the Queen

Crown

Sherri Dawn Lee

Defendant

Procedural Posture

Criminal Theft and Fraud / Sentencing After Conviction

Legal Issues

  1. 1 Whether a conditional sentence is appropriate or incarceration is required for breach of trust thefts
  2. 2 Appropriate length of sentence for prolonged, deliberate theft and related frauds
  3. 3 Whether restitution should be ordered and recoverability considerations

Ratio Decidendi

Because the offences consisted of prolonged, deliberate thefts exploiting a position of trust, caused significant harm to a vulnerable small business, were concealed and the offender failed to accept responsibility (compounded by a demonstrated fabrication of a cancer history undermining credibility), a conditional sentence would not meet the pressing objectives of denunciation and deterrence; therefore ten months custodial sentence was imposed and restitution ordered for $68,782.22, followed by twelve months probation with specified conditions.

Court Disposition

Convicted on three counts; sentenced to ten months imprisonment, taken into custody; restitution ordered; twelve months probation upon release with conditions.

Orders

  • Ten months imprisonment; defendant to be taken into custody immediately
  • Restitution order under s.738 Criminal Code in favour of Embrace Spa in the amount of $68,782.22