R. v. Kiesman, (1991) 75 Man.R.(2d) 314 (CA)

• Judge: Scott, C.J.M., Huband and Helper, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: September 19, 1991
• Jurisdiction: Manitoba
• Citations: (1991), 75 Man.R.(2d) 314 (CA)

R. v. Kiesman (1991), 75 Man.R.(2d) 314 (CA);

    6 W.A.C. 314

MLB headnote and full text

Her Majesty The Queen (respondent) v. Donna Lee Kiesman (accused/appellant)

(Suit No. 369/91)

Indexed As: R. v. Kiesman

Manitoba Court of Appeal

Scott, C.J.M., Huband and Helper, JJ.A.

September 19, 1991.

Summary:

The accused was sentenced to one year in jail for defrauding the government by ob­taining social assistance payments to which she was not entitled. She appealed.

The Manitoba Court of Appeal allowed the appeal and reduced sentence to three months.

Social Assistance - Topic 2154

Offences - Sentence - Particular offences - Receiving unentitled assistance - The accused obtained $35,000 in social assis­tance payments on the basis that she was living alone, when in fact she cohabited with her husband - The Crown and defence recommended three month inter­mittent sentence because she was not the instigator of the offence - The trial judge sentenced the accused to one year in jail on the basis that she was an equal partici­pant - The Manitoba Court of Appeal reduced sentence to three months' im­prisonment.

Counsel:

G.G. Brodsky, Q.C., for the appellant;

G.A. Lawlor, for the Crown.

This appeal was heard on September 19, 1991, before Scott, C.J.M., Huband and Helper, JJ.A., of the Manitoba Court of Appeal. On September 19, 1991, Huband, J.A., delivered the following judgment for the court.