R. v. Stergiou (D.J.), (2015) 588 A.R. 396

JudgeBerger, Rowbotham and Brown, JJ.A.
CourtCourt of Appeal (Alberta)
Case DateJanuary 20, 2015
Citations(2015), 588 A.R. 396;2015 ABCA 35

R. v. Stergiou (D.J.) (2015), 588 A.R. 396; 626 W.A.C. 396 (CA)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. JA.182

Her Majesty the Queen (appellant) v. Dimitrios Jimis Stergiou (respondent)

(1403-0164-A; 2015 ABCA 35)

Indexed As: R. v. Stergiou (D.J.)

Alberta Court of Appeal

Berger, Rowbotham and Brown, JJ.A.

January 23, 2015.

Summary:

Between July 2006 and August 2008, the accused misappropriated $547,840.87 from his employer. In October 2008, the accused lied on an application for a position with the solicitor-general and in his job interview. In November 2008, he also had his girlfriend impersonate his supervisor to facilitate a recommendation. He pled guilty to fraud over $5,000 (s. 380(1)(a) of the Criminal Code) and was sentenced to one year's imprisonment, followed by three years of probation. He received concurrent sentences of two months for uttering a forged document (s. 368(1)(a)) and two months for fraudulent impersonation for gain (s. 403(1)). The Crown appealed, seeking a sentence of three years.

The Alberta Court of Appeal allowed the appeal to the extent of varying the sentences for the two "lesser crimes" to three months' imprisonment and making them each consecutive to the fraud sentence and to each other, resulting in a global sentence of 18 months.

Criminal Law - Topic 5803

Sentencing - General - Consecutive sentences - Between July 2006 and August 2008, the accused misappropriated $547,840.87 from his employer - In October 2008, the accused lied on an application for a position with the solicitor-general and in his job interview - In November 2008, he also had his girlfriend impersonate his supervisor to facilitate a recommendation - He pled guilty to fraud over $5,000 (s. 380(1)(a) of the Criminal Code) and was sentenced to one year's imprisonment, followed by three years of probation - He received concurrent sentences of two months for uttering a forged document (s. 368(1)(a)) and two months for fraudulent impersonation for gain (s. 403(1)) - The Crown appealed, seeking a sentence of three years - The Alberta Court of Appeal allowed the appeal to the extent of varying the sentences for the two "lesser crimes" to three months' imprisonment and making them each consecutive to the fraud sentence and to each other, resulting in a global sentence of 18 months - The lesser crimes were separated by time, elements and victim - The sentencing judge erred in not imposing consecutive sentences - Further, the judge had engaged Crown counsel in a manner that suggested a departure from sentencing principles in the interests of compromise - Finally, despite the delay in bringing criminal proceedings against the accused and his efforts to make restitution during that time, the 12 month sentence did not properly reflect the accused's moral blameworthiness.

Criminal Law - Topic 5823.2

Sentencing - Sentencing procedure and rights of the accused - Role of judge - [See Criminal Law - Topic 5803 ].

Criminal Law - Topic 5831.2

Sentencing - Considerations on imposing sentence - Delay - [See Criminal Law - Topic 5803 ].

Criminal Law - Topic 5859

Sentence - Fraud - [See Criminal Law - Topic 5803 ].

Criminal Law - Topic 5876

Sentence - Forgery (incl. possession of forgery equipment) - [See Criminal Law - Topic 5803 ].

Criminal Law - Topic 5915

Sentence - Personation - [See Criminal Law - Topic 5803 ].

Criminal Law - Topic 6203

Sentencing - Appeals - Variation of sentence - Grounds for varying sentence imposed by trial judge - [See Criminal Law - Topic 5803 ].

Counsel:

K.A. Joyce, for the appellant;

P.J. Royal, Q.C., for the respondent.

This appeal was heard on January 20, 2015, by Berger, Rowbotham and Brown, JJ.A., of the Alberta Court of Appeal. On January 23, 2015, the court filed the following memorandum of judgment.

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10 practice notes
  • R v Vader, 2017 ABQB 48
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 21 January 2017
    ...due to the fact that the offences were committed at different times, in different places, and against different victims. R v Stergiou, 2015 ABCA 35, 118 WCB (2d) 694: the Court of Appeal consecutive sentences for three fraud-related charges where the offence scenarios were distinct in their......
  • R v Bieleny,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 16 April 2021
    ...From such authorities as R v Zenari, 2012 ABCA 279; R v Evanson, 2019 ABCA 122; R v Stergiou, 2015 ABCA 35; R v Fulcher, 2007 ABCA 381; R v Sterling, 2010 ABCA 338; one can glean that the impact of restitution upon the crafting of a fit and proper sentence will depend upon the i.  ......
  • 2023 ABPC 17,
    • Canada
    • 1 January 2023
    ...20 In the chart referred to, only the last two cases are in the same range of the amount of the fraud as in this case; R v Stergiou, 2015 ABCA 35, the amount being $547,000 and R v Jaikaran, 2007 ABCA 98, the amount being $633,000. In Stergiou, the accused pled guilty, made restitution of h......
  • R v Mann,
    • Canada
    • Provincial Court of Alberta (Canada)
    • 27 January 2023
    ...In the chart referred to, only the last two cases are in the same range of the amount of the fraud as in this case; R v Stergiou, 2015 ABCA 35, the amount being $547,000 and R v Jaikaran, 2007 ABCA 98, the amount being $633,000.    In Stergiou, the accused pled guilty, made r......
  • Request a trial to view additional results
10 cases
  • R v Vader, 2017 ABQB 48
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 21 January 2017
    ...due to the fact that the offences were committed at different times, in different places, and against different victims. R v Stergiou, 2015 ABCA 35, 118 WCB (2d) 694: the Court of Appeal consecutive sentences for three fraud-related charges where the offence scenarios were distinct in their......
  • R v Bieleny,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 16 April 2021
    ...From such authorities as R v Zenari, 2012 ABCA 279; R v Evanson, 2019 ABCA 122; R v Stergiou, 2015 ABCA 35; R v Fulcher, 2007 ABCA 381; R v Sterling, 2010 ABCA 338; one can glean that the impact of restitution upon the crafting of a fit and proper sentence will depend upon the i.  ......
  • 2023 ABPC 17,
    • Canada
    • 1 January 2023
    ...20 In the chart referred to, only the last two cases are in the same range of the amount of the fraud as in this case; R v Stergiou, 2015 ABCA 35, the amount being $547,000 and R v Jaikaran, 2007 ABCA 98, the amount being $633,000. In Stergiou, the accused pled guilty, made restitution of h......
  • R v Mann,
    • Canada
    • Provincial Court of Alberta (Canada)
    • 27 January 2023
    ...In the chart referred to, only the last two cases are in the same range of the amount of the fraud as in this case; R v Stergiou, 2015 ABCA 35, the amount being $547,000 and R v Jaikaran, 2007 ABCA 98, the amount being $633,000.    In Stergiou, the accused pled guilty, made r......
  • Request a trial to view additional results

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