R. v. Tucker (C.), (1990) 87 Nfld. & P.E.I.R. 267 (NFPC)

• Judge: Woodrow, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: December 03, 1990
• Jurisdiction: Newfoundland and Labrador
• Citations: (1990), 87 Nfld. & P.E.I.R. 267 (NFPC)

R. v. Tucker (C.) (1990), 87 Nfld. & P.E.I.R. 267 (NFPC);

    271 A.P.R. 267

MLB headnote and full text

Her Majesty the Queen v. Cynthia Tucker

Indexed As: R. v. Tucker (C.)

Newfoundland Provincial Court

Woodrow, P.C.J.

December 3, 1990.

Summary:

The accused pleaded guilty to theft.

The Newfoundland Provincial Court sentenced the accused accordingly.

Criminal Law - Topic 5854

Sentence - Theft - A 30 year old accountant pleaded not guilty to theft of over $4,000 from her employer - Single mother of a three year old - Experienced financial pressures from a failing marriage - Restitution paid in full when matrimonial home sold - Employment terminated - No previous record - The Newfoundland Provincial Court imposed a suspended sentence and two years' probation.

Criminal Law - Topic 5831.1

Sentencing - Considerations - Offences involving breach of trust - The Newfoundland Provincial Court noted that, as a general deterrent a prison term is normally imposed for offences involving breach of trust - Suspended sentences have been imposed where restitution is made - The court opined that loss of employment with no prospects of a similar position in the future was a more general deterrent than a short prison term - A suspended sentence could act as a general deterrent - See paragraphs 5 to 10.

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 334(a) [para. 1].

Counsel:

Mr. Cadigan, for the Crown;

Mr. Fitzpatrick, for the defence.

This case was heard before Woodrow, P.C.J., of the Newfoundland Provincial Court, who delivered the following judgment on December 3, 1990.