R. v. Séguin (G.), (1997) 54 O.T.C. 62 (GD)

• Judge: Cusson, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: October 08, 1997
• Jurisdiction: Ontario
• Citations: (1997), 54 O.T.C. 62 (GD)

R. v. Séguin (G.) (1997), 54 O.T.C. 62 (GD)

MLB headnote and full text

Temp. Cite: [1998] O.T.C. TBEd. FE.181

Her Majesty The Queen v. Ginette Séguin

(File No. JJG253-96)

Indexed As: R. v. Séguin (G.)

Ontario Court of Justice

General Division

Cusson, J.

October 8, 1997.

Summary:

The accused was convicted of theft by a jury after stealing $76,773.48 from her employer over a 28 month period. The accused was the accountant/bookkeeper and on 54 occasions withheld monies from bank deposits. The theft was discovered after the 49 year old accused had been fired for poor performance. The accused was married, a first offender and the mother of two adult children. The accused showed no remorse by continuing to maintain her innocence. The accused sought a conditional sentence under s. 742.1 of the Criminal Code. Given the large amount of money and the serious breach of trust, the Crown opposed a conditional sentence.

The Ontario Court (General Division) stated that it was unlikely that the accused would reoffend, so rehabilitation was not of prime concern. General deterrence was the primary sentencing consideration, especially for such a serious breach of trust in a small community. The court sentenced the accused to nine months' imprisonment and declined to impose a conditional sentence.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - See paragraphs 1 to 21.

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - See paragraphs 1 to 21.

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - See paragraphs 1 to 21.

Criminal Law - Topic 5854

Sentence - Theft - See paragraphs 1 to 21.

Cases Noticed:

R. v. Pierce (M.) (1997), 97 O.A.C. 253; 114 C.C.C.(3d) 23 (C.A.), refd to. [para. 7].

R. v. J.W. (1997), 99 O.A.C. 161; 5 C.R.(4th) 248 (C.A.), refd to. [para. 7].

R. v. Matchett (H.J.) (1997), 188 N.B.R.(2d) 321; 480 A.P.R. 321 (C.A.), refd to. [para. 7].

R. v. McEachern (1978), 42 C.C.C.(2d) 189 (Ont. C.A.), refd to. [para. 7].

R. v. Campbell (1993), 21 W.C.B.(2d) 530, refd to. [para. 7].

R. v. Burt (C.) (1995), 86 O.A.C. 55; 29 W.C.B.(2d) 182 (C.A.), refd to. [para. 7].

R. v. Katz (Z.) (1996), 17 O.T.C. 309; 33 W.C.B.(2d) 90 (Gen. Div.), refd to. [para. 7].

R. v. Scidmore (D.) (1996), 112 C.C.C.(3d) 28 (Ont. C.A.), refd to. [para. 11].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 742.1 [para. 11].

Counsel:

Robert Pelletier, for the Crown;

Ian McKechnie, for the accused.

This case was heard on October 8, 1997, at L'Orignal, Ontario, before Cusson, J., of the Ontario Court (General Division), whose following sentencing decision was delivered on October 8, 1997.