Breach of trust theft. Accused (while working with Maple Leaf Foods) ordered sample boxes of meat without authorization, and then donated the same to various groups, teams or charities that he was associated with. $21,258.19 theft value. Accused did not personally gain from the thefts, and at the sentencing was in a position to pay full restitution. Defence sought a conditional discharge.
Held: Suspended sentence, 12 months probation.
Jail is the appropriate sentence in most cases involving a theft from an employer. However, very unique case given no personal gain and the fact that the accused was authorized by his employer to donate some meat boxes to non-profit groups. “[T]he Alberta Court of Appeal has consistently ruled that a conditional discharge is not a fit sentence in a trust theft situation”. Exceptional circumstances resulted in probation, rather than jail, being a fit sentence.
K. Molle – Defence Counsel