R. v. Ryan, (1976) 1 A.R. 355 (CA)

• Court: Court of Appeal (Alberta)
• Case Date: November 17, 1976
• Citations: (1976), 1 A.R. 355 (CA)

R. v. Ryan (1976), 1 A.R. 355 (CA)

MLB headnote and full text

R. v. Ryan

Indexed As: R. v. Ryan

Alberta Supreme Court

Appellate Division

McDermid and Clement, JJ.A. and Laycraft, J. (ad hoc)

November 17, 1976.

Summary:

This case arose out of a charge of theft. The accused was a lawyer, who stole funds on two occasions totalling $2,025.42 from his firm's trust account in an impulsive attempt to solve his marital problems. The accused made restitution when the offence was discovered. The accused was disbarred. The accused was convicted and sentenced to a suspended sentence and probation.

The Crown appealed from sentence. The Appellate Division allowed the appeal and increased the sentence of the accused to one year imprisonment. The Appellate Division held that a term of imprisonment was necessary to deter others from committing a breach of trust.

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - Breach of trust - A lawyer stole funds on two occasions totalling $2,025.42 from his firm's trust account in an impulsive attempt to solve his marital problems - Restitution was made - Accused was disbarred - The Alberta Court of Appeal in order to give paramountcy to the deterrence of others from committing breach of trust increased the sentence of the accused from a suspended sentence and probation to one year imprisonment.

Criminal Law - Topic 5854

Sentence - Theft - A lawyer stole funds on two occasions totalling $2,025.42 from his firm's trust account in an impulsive attempt to solve his marital problems - Restitution was made - Accused was disbarred - The Alberta Court of Appeal increased the sentence of the accused from a suspended sentence and probation to one year imprisonment.

Counsel:

J.M. Robertson, Q.C., for the appellant;

Y. Roslak, Q.C., for the Crown.

This case was heard before McDERMID and CLEMENT, JJ.A., and LAYCRAFT, J. (ad hoc), of the Alberta Supreme Court, Appellate Division.

On November 17, 1976, McDERMID, J.A., delivered the following judgment of the Appellate Division: