R. v. Hayher (A.S.), (2005) 377 A.R. 327 (PC)

• Judge: Van de Veen, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: April 21, 2005
• Citations: (2005), 377 A.R. 327 (PC);2005 ABPC 44

R. v. Hayher (A.S.) (2005), 377 A.R. 327 (PC)

MLB headnote and full text

Temp. Cite: [2005] A.R. TBEd. MY.004

Her Majesty the Queen v. Arvinder Singh Hayher

(031063415P10101; 2005 ABPC 44)

Indexed As: R. v. Hayher (A.S.)

Alberta Provincial Court

Van de Veen, P.C.J.

April 21, 2005.

Summary:

The accused pled guilty to a charge of fraud over $5,000. The accused had stolen currency of a value in excess of $5,000 from his employer. The Crown sought imprisonment in the range of six to nine months. The accused sought a conditional discharge.

The Alberta Provincial Court declined to grant a conditional discharge. The court sentenced the accused to a nine month conditional sentence.

Criminal Law - Topic 4431

Procedure - Verdicts, discharges and dismissals - Conditional discharge in lieu of conviction - Loss prevention officers at Rona Inc. discovered that during his employment in 2003 the accused had created false return of goods transactions - Sometimes he took the value of the goods as cash for his own personal use - Other times he took the returned goods for his own use - The accused pled guilty to a charge of fraud over $5,000 - The Alberta Provincial Court declined to grant a conditional discharge and sentenced the accused to a nine month conditional sentence - The nature of the offence was serious, the value of the stolen money and property was somewhat significant, the offence was not impulsive and there was a need for a public record of this offence - However, the cumulative effect of the illness of his parents, the business failures of his father and his having to assume responsibility for these dealings without the benefit of his father's advice and other stresses contributed to the accused's regression in his behaviour - The accused was remorseful and was in the process of making full restitution.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 4431 ].

Criminal Law - Topic 5854

Sentence - Theft - [See Criminal Law - Topic 4431 ].

Cases Noticed:

R. v. Hust (S.J.) (2004), 368 A.R. 382 (Prov. Ct.), refd to. [para. 24].

R. v. Pike (A.R.) (1999), 239 A.R. 147 (Prov. Ct.), refd to. [para. 25].

R. v. Simon, [1989] N.W.T.J. No. 64, refd to. [para. 25].

R. v. McTaggart (1990), 108 A.R. 74 (Prov. Ct.), refd to. [para. 26].

R. v. Hergert (1977), 3 A.R. 552 (Dist. Ct.), refd to. [para. 28].

R. v. MacFarlane (1976), 55 A.R. 222 (C.A.), consd. [para. 30].

R. v. McIvor (C.M.) (1996), 181 A.R. 397; 116 W.A.C. 397; 106 C.C.C.(3d) 285 (C.A.), refd to. [para. 44].

R. v. Holmes (P.D.) (1999), 237 A.R. 146; 197 W.A.C. 146 (C.A.), refd to. [para. 44].

R. v. McTighe (J.) (2005), 361 A.R. 315; 339 W.A.C. 315 (C.A.), refd to. [para. 44].

R. v. McKinnon (V.A.) (2005), 361 A.R. 271; 339 W.A.C. 271; 2005 ABCA 8, refd to. [para. 44].

R. v. Wyffels (M.) and Oliphant (L.L.) (1995), 178 A.R. 132; 110 W.A.C. 132 (C.A.), refd to. [para. 45].

Counsel:

R. Davey, for the Crown;

J. Blumer, for the accused.

This matter was heard by Van de Veen, P.C.J., of the Alberta Provincial Court, who delivered the following judgment on April 21, 2005.