THEFT/FRAUD OFFENCES

R v. M.M.

Result: Conditional Sentence Order. No jail time. 

M.M. was the treasurer for a local non-profit club and had full autonomy over the club’s finances. After several vendors complained that they were not being paid, the president of the club asked M.M. why the bills were not being paid. At that point, M.M. confessed that she had taken over $40,000 from the club and resigned. Police conducted a brief investigation but failed to try to make any meaningful steps to arrest M.M. for eight years. 

Between the time of the offence and arrest, M.M. had taken incredible rehabilitative steps to overcome her serious gambling addiction that was the reason the funds were stolen. Despite having a strong argument for a stay of charges based on the police failing to execute the warrant for eight years, M.M. took full responsibility for her offence and pled guilty. The Alberta Court of Appeal has made it very clear that but for exceptional circumstances, those who commit these sorts of offences in relation to their position of trust should be sentenced to jail. The Crown Prosecutor was seeking a period of one year jail and restitution. Cory successfully argued that the appropriate sentence was one served in the community. M.M. was sentence to a Conditional Sentence Order, otherwise known as house arrest, with exceptions for such things as work, community service, grocery shopping and to attend church.

This was the best outcome for M.M. after having pled guilty as she avoided a lengthy jail sentence that would have no doubt destroyed her life.  


R v. S.V.

Result: Charges Withdrawn. No Criminal Record.

S.V. was charged with theft under $5,000 after being caught shoplifting several pairs of sunglasses. She was caught red-handed and gave a full confession when confronted. She was a mother of two children and her employment required a clean criminal background.

Cory was able to have S.V. entered into the Alternative Measures Program on her first court appearance. After she successfully completed a small amount of community service, the charges were withdrawn. This was the best possible outcome as it allowed S.V. to continue her employment as a result of having no criminal record.


R v. B. Y.

Result: Charges Withdrawn. No Criminal Record.

After being observed switching price tags on merchandise at a major department store, B.Y. was arrested and charged with theft under $5,000. Cory obtained disclosure and immediately began resolution discussions with the Crown Prosecutor. As a result, B.Y. was diverted into the Alternative Measures Program.

After successfully making a very small charitable donation, Cory had the criminal charge withdrawn. This was the best possible outcome in the circumstances.


R v. T.S.

Result: Charges Withdrawn. No Criminal Record

T.S. was shopping at Superstore when he was observed concealing a number of high-priced electronics in a bag in his shopping cart. He went through a self-checkout and paid for everything but the concealed items. A loss prevention officer was waiting for T.S. as he exited the store. Due to the price of stolen items, T.S. was charged with theft over $5,000.

T.S. originally hired another lawyer who was unable to have the charge withdrawn. T.S. then hired Cory who immediately met with a Crown Prosecutor. Cory was able to convince the Crown to amend the charge to theft under $5,000 and have it diverted into Alternative Measures.

After T.S. made a charitable donation, Cory had his charge withdrawn. This was the best outcome as it left the client with no criminal record.


R. v. Y.N.

Result: Charges Withdrawn. No Criminal Record.

The client was charged with theft under $5,000 after he was observed placing clothes into the basket under his walker. After walking around the store for some time, the client walked out of the store without paying for the items.

Cory was retained and ordered disclosure. After reviewing the CCTV, it was clear that Y.N. honestly forgot about the items. The video captured him leaving the store, looking in his basket and then walking back into the store when he was apprehended. As a result of bringing this to the Crown’s attention, the charge was withdrawn. This was the best outcome for the client because it saved him a considerable amount of stress and legal fees.


R v. S.M.

S.M. was alleged to be part of an organized shoplifting group that would steal thousands of dollars of merchandise in a very brief period of time. It was alleged that S.M.’s role was to distract the employees while the rest of the group would quickly steal as much as they could.

After reviewing disclosure, Cory found that other than S.M. being in the same store as the shoplifting group, there was no evidence tying her to the group. The Crown Prosecutor offered to resolve the matter by way of Alternative Measures. Cory pushed back and said the Crown had no likelihood of conviction and therefore the diversion program was inappropriate. The prosecutor agreed and withdrew all of the theft under $5,000 charges. This was the best outcome as it left the client with no criminal record.


R v. R.D.

Result: Charges Withdrawn. No Criminal Record.

R.D. was charged with 9 counts of theft and 3 counts of fraud after police found a number of stolen items being sold in Kijiji. Police contacted the seller and arranged to purchase a number of items – that seller was the client. After an undercover officer attended R.D.s house, he observed many items that looked to be stolen. The undercover asked about the items and based on the answers, determined the items were all stolen. Shortly thereafter, R.D. was arrested by police.

After reviewing disclosure, it was clear to Cory that the Crown could not prove a number of the charges. After lengthy negotiations with the prosecutor, it was agreed that the client would be diverted into Alternative Measures. After completing community service, all 12 criminal charges were withdrawn.


R v. A.L.

Result: Charges Withdrawn. No Criminal Record.

The client was charged with theft under $5,000 after being caught shoplifting a jacket at a major department store. A.L. entered the store with no jacket, selected a new jacket, tore the tags off and attempted to leave the store wearing the jacket. After being detained by a loss prevention officer, police attended and charged the client with theft under $5,000.

A.L. was employed at the airport with security clearance requiring a clear criminal record. Cory was able to have the client diverted into Alternative Measures. After making a small charitable donation, the charge was withdrawn. This left the client with no criminal record and he was able to keep his employment.


R v. T.G.

Result: Charges Withdrawn. No Criminal Record.

The client was charged with theft under $5,000 for shoplifting a number of small items from am electronics store. T.G. was caught by a loss prevention officer and handed back the multiple stolen items.

After reviewing disclosure and getting a detailed client background, Cory was able to have his client’s matter diverted into Alternative Measures. After completing community service, the charge was withdrawn. This was the best possible outcome as T.G. was left with no criminal record.


R v R.B.

Result: Charge Withdrawn. No Criminal Record.

R.B. was charged with theft and fraud under $5,000 after it was discovered she was stealing from her employer. The client was a cashier at a sporting goods store and was doing false returns to her credit card. After her employer became suspicious of missing money, R.B. confessed to the scheme. In total, the client stole just under $5,000.

After lengthy negotiations with the prosecutor, Cory was able to have the charges diverted to Alternative Measures. After writing a letter of apology and competing community service, the criminal charges were withdrawn. This was the best possible outcome as the client was left with no criminal record.


R v. C.Y.

Result: Conditional Discharge. No Criminal Record

C.Y. was caught with over $40,000 of stolen property after a police raid on his property. The stolen property was tied to a number of break-ins across the city. The client was detained for several days before Cory was retained and had the client released on bail the same day. The client was charged with a number of charges including multiple counts of theft and possession of stolen property.

After reviewing the voluminous disclosure, it was evident the police failed to conduct a thorough investigation. There were a number of issues with the search warrant that resulted in the Crown having to withdraw a number of charges. Cory was able to convince the Crown to roll the remaining charges into two counts and successfully obtained a conditional discharge. This was a very favourable result in which the client was left with no criminal record.