R. v. McCarthy (Y.M.), (2015) 362 Nfld. & P.E.I.R. 83 (NLTD(G))

• Judge: Handrigan, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: February 10, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 362 Nfld. & P.E.I.R. 83 (NLTD(G))

R. v. McCarthy (Y.M.) (2015), 362 Nfld. & P.E.I.R. 83 (NLTD(G));

    1125 A.P.R. 83

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. MR.006

Her Majesty the Queen v. Yvonne Marie McCarthy

(201306G0105; 2015 NLTD(G) 24)

Indexed As: R. v. McCarthy (Y.M.)

Newfoundland and Labrador Supreme Court

Trial Division (General)

Handrigan, J.

February 24, 2015.

Summary:

The accused, a town clerk, pled guilty to stealing over $5000 from the town where she worked. She also pled guilty to committing fraud in connection with the duties of her office. The matter moved to sentencing.

The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced the accused to 12 months' imprisonment for each of the offences to be served concurrently as conditional sentences in the community. Restitution was also ordered.

Criminal Law - Topic 5854

Sentence - Theft - The accused, a town clerk, pled guilty to stealing over $5000 from the town where she worked - She also pled guilty to committing fraud in connection with the duties of her office - She falsified receipts and wrote extra payroll cheques to herself - Amount involved over $21,500 - Money taken over a three year period - Age 48 - Stable marriage - No prior criminal record - No alcohol or drug addiction - Abused position of trust - The Newfoundland and Labrador Supreme Court, Trial Division (General), sentenced the accused to 12 months' imprisonment for each of the offences to be served concurrently as conditional sentences in the community - Restitution was also ordered - See paragraphs 28 to 48.

Criminal Law - Topic 5859

Sentence - Fraud - [See Criminal Law - Topic 5854 ].

Cases Noticed:

R. v. Hewitt (D.M.) (2004), 236 Nfld. & P.E.I.R. 313; 700 A.P.R. 313; 2004 NLSCTD 65, refd to. [para. 8].

R. v. Tucker (1992), 96 Nfld. & P.E.I.R. 43; 305 A.P.R. 43 (Nfld. S.C.T.D.), refd to. [para. 21].

R. v. Proulx (J.K.D.), [2000] 1 S.C.R. 61; 249 N.R. 201; 2000 SCC 5, refd to. [para. 37].

Counsel:

Alison Manning, for the Crown;

Yvonne Marie McCarthy, on her own behalf.

This sentencing matter was heard in Grand Bank, N.L., on February 10, 2015, before Handrigan, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following decision on February 24, 2015.