R. v. Ross, (1985) 61 N.B.R.(2d) 65 (CA)

• Judge: Stratton, C.J.N.B., Angers and Hoyt, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: April 09, 1985
• Jurisdiction: New Brunswick
• Citations: (1985), 61 N.B.R.(2d) 65 (CA)

R. v. Ross (1985), 61 N.B.R.(2d) 65 (CA);

    61 R.N.-B.(2e) 65; 158 A.P.R. 65

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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R. v. Ross

(No. 249/84/CA)

Indexed As: R. v. Ross

New Brunswick Court of Appeal

Stratton, C.J.N.B., Angers and Hoyt, JJ.A.

April 9, 1985.

Summary:

The accused woman was convicted of theft of $212,000.00 from her employer over a period of five years.

The New Brunswick Provincial Court suspended the sentence and imposed 2.5 years' probation including 250 hours of community service work. The Crown appealed the sentence.

The New Brunswick Court of Appeal, Angers, J.A., dissenting, allowed the appeal and imposed a sentence of one year imprisonment. Angers, J.A., would not have disturbed the probation with community service work, suggesting that the utility of a community service work program should be tested.

Criminal Law - Topic 5735

Punishments (sentence) - Probation - Community service program - A dissenting judge of the New Brunswick Court of Appeal discussed and urged a testing of the utility of a community service program in sentencing - See paragraphs 9 to 15.

Criminal Law - Topic 5833

Sentencing - Considerations - Deterrents - The New Brunswick Court of Appeal stated that general deterrence should prevail over individual deterrence in sentencing for offences involving positions of trust.

Criminal Law - Topic 5835

Sentencing - Considerations - Protection of the public - The New Brunswick Court of Appeal stated that the primary aim or purpose of sentencing is the protection of the public - The court stated that in a given case the court must determine whether protection of the public has to be obtained by (a) deterrence, (b) reformation and rehabilitation of the offender or (c) both.

Criminal Law - Topic 5854

Sentence - Theft - A 53 year old woman as head cashier stole $212,000.00 over five years from her employer of 19 years - Her main motive was to help her family - The New Brunswick Court of Appeal sentenced her to one year imprisonment, stating that imprisonment was appropriate for theft by persons in positions of trust.

Cases Noticed:

R. v. Fairn (1973), 22 C.R.N.S. 307, appld. [para. 4].

R. v. Grady (1973), 5 N.S.R.(2d) 264, appld. [para. 4].

R. v. Gorman (1971), 4 C.C.C.(2d) 330 (O.C.A.), appld. [para. 6].

R. v. McEachern (1978), 42 C.C.C.(2d) 189 (O.C.A.), appld. [para. 6].

R. v. Little (1981), 34 N.B.R.(2d) 503; 85 A.P.R. 503 (N.B.C.A.), appld. [paras. 6, 20].

R. v. MacPhee (1982), 35 N.B.R.(2d) 196; 88 A.P.R. 196, consd. [para. 21].

Authors and Works Noticed:

Nadin-Davis, Sentencing in Canada, page 32 [para. 5].

Rizkalla and Deslandes, Les Sentences de Travaux Communautaires: Leur Passe, Leur Present et Leur Futur, juillet 1982, pages 14 [para. 14]; 113 [para. 12]; 114-115 [para. 13].

Counsel:

W. Stephen Wood, for the appellant;

David M. Lutz, for the respondent.

This case was heard on March 12, 1985, at Fredericton, N.B., before Stratton, C.J.N.B., Angers and Hoyt, JJ.A., of the New Brunswick Court of Appeal.

On April 9, 1985, the judgment of the Court of Appeal was delivered and the following opinions were filed:

Stratton, C.J.N.B. - see paragraphs 1 to 8;

Angers, J.A., dissenting - see 9 to 15;

Hoyt, J.A. - see paragraphs 16 to 26.