R. v. VanHees (L.E.), (2007) 430 A.R. 384 (PC)
| Judge | Wheatley, P.C.J. |
| Court | Provincial Court of Alberta (Canada) |
| Case Date | October 31, 2007 |
| Citations | (2007), 430 A.R. 384 (PC);2007 ABPC 333 |
R. v. VanHees (L.E.) (2007), 430 A.R. 384 (PC)
MLB headnote and full text
Temp. Cite: [2007] A.R. TBEd. DE.036
Her Majesty The Queen v. Lindsay Elise VanHees (061420451P1; 2007 ABPC 333)
Indexed As: R. v. VanHees (L.E.)
Alberta Provincial Court
Wheatley, P.C.J.
November 28, 2007.
Summary:
The accused pleaded guilty to theft under $5,000 after stealing $1,500 from her employer. The accused sought a conditional discharge. The Crown sought, at a minimum, a suspended sentence with probation.
The Alberta Provincial Court granted the accused a discharge conditional upon completion of 18 months' probation with conditions, including 100 hours of community service and full restitution.
Criminal Law - Topic 4431
Procedure - Verdicts - Discharges and dismissals - Conditional discharge in lieu of conviction - The accused, occupying a position of trust as an inventory control manager, stole $1,500 from her employer by manipulating inventory and refunds - She pleaded guilty to theft under $5,000 - The offence was out of character - She accepted full responsibility and her lawyer held $1,500 in his trust account to make full restitution - The accused was under extreme stress at the time as the result of significant family difficulties - The Alberta Provincial Court found the theft to be "a blip on an otherwise good life" - The court acceded to the accused's request for a conditional discharge - This was an exceptional case of an accused, when placed in an exceptionally conflicted family situation involving her parents, committing a totally uncharacteristic act - The discharge was conditional upon completion of 18 months' probation with conditions, including 100 hours of community service and full restitution.
Criminal Law - Topic 5854
Sentence - Theft - [See Criminal Law - Topic 4431 ].
Cases Noticed:
R. v. Hust (S.J.), [2004] A.W.L.D. 524; 368 A.R. 382; 37 Alta. L.R.(4th) 182; 2004 ABPC 128, refd to. [para. 15].
R. v. Hayher (A.S.), [2005] A.W.L.D. 2220, 377 A.R. 327; 2005 ABPC 44, refd to. [para. 16].
R. v. McIvor (C.M.), [1996] A.W.L.D. 504; 181 A.R. 397; 116 W.A.C. 397; 106 C.C.C.(3d) 285 (C.A.), refd to. [para. 17].
R. v. MacFarlane, [1976] W.W.D. 74; 55 A.R. 222; 3 Alta. L.R.(2d) 341 (C.A.), refd to. [para. 18].
R. v. Gladue (J.T.) (1999), 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161; 133 C.C.C.(3d) 385 (S.C.C.), refd to. [para. 26].
R. v. Proulx (J.K.D.) (2000), 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161; 140 C.C.C.(3d) 449 (S.C.C.), refd to. [para. 26].
R. v. Nasogaluak (L.M.) (2007), 422 A.R. 222; 415 W.A.C. 222; 2007 ABCA 239, refd to. [para. 27].
Counsel:
J. Benkendorf, for the Crown;
D. Knisely, for the accused.
This case was heard on July 18, September 25 and October 31, 2007, at Edmonton, Alberta, before Wheatley, P.C.J., of the Alberta Provincial Court, who delivered the following judgment on November 28, 2007.
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R. v. Zentner (R.),
...9]. R. v. Gladue (J.T.), [1999] 1 S.C.R. 688; 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161, refd to. [para. 9]. R. v. VanHees (L.E.) (2007), 430 A.R. 384; 2007 ABPC 333, refd to. [para. R. v. Crazybull (C.D.) (1993), 141 A.R. 69; 46 W.A.C. 69 (C.A.), refd to. [para. 11]. R. v. D.E.D. (2007)......
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R. v. Zentner (R.), [2012] A.R. Uned. 274 (PC)
...with those named. However, these were not meant to be the only examples where a discharge is possible. (Para 61) [77] In R v VanHees , 2007 ABPC 333, Wheatley J. suggested that a seventh consideration might be the presence of exceptional circumstances: I would note that the decision of the ......
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R. v. Dojcinovic (N.), [2008] A.R. Uned. 266 (PC)
...R. v. McFarlane (1976) 55 A.R. 222; 1976 Carswell Alta 45 (C.A.). [12] Another helpful case from Provincial Court is R. v. VanHees , 2007 ABPC 333 (Judge Wheatley). Mitigating Circumstances [13] Dojcinovic confessed. [14] Dojcinovic does not have a prior criminal record. [15] She entered an......
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R. v. Leong (E.J.), [2011] A.R. Uned. 497
...has expressed a similar intention. [17] Finally, the analysis in both Hayher , supra, and Hust , supra, was applied in R. v. VanHees , 2007 ABPC 333 in which the accused was under "significant pressure" from a family dispute and was diagnosed by a psychiatrist as having "an adjustment react......
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R. v. Zentner (R.),
...9]. R. v. Gladue (J.T.), [1999] 1 S.C.R. 688; 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161, refd to. [para. 9]. R. v. VanHees (L.E.) (2007), 430 A.R. 384; 2007 ABPC 333, refd to. [para. R. v. Crazybull (C.D.) (1993), 141 A.R. 69; 46 W.A.C. 69 (C.A.), refd to. [para. 11]. R. v. D.E.D. (2007)......
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R. v. Zentner (R.), [2012] A.R. Uned. 274 (PC)
...with those named. However, these were not meant to be the only examples where a discharge is possible. (Para 61) [77] In R v VanHees , 2007 ABPC 333, Wheatley J. suggested that a seventh consideration might be the presence of exceptional circumstances: I would note that the decision of the ......
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R. v. Leong (E.J.), [2011] A.R. Uned. 497
...has expressed a similar intention. [17] Finally, the analysis in both Hayher , supra, and Hust , supra, was applied in R. v. VanHees , 2007 ABPC 333 in which the accused was under "significant pressure" from a family dispute and was diagnosed by a psychiatrist as having "an adjustment react......
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R. v. Dojcinovic (N.), [2008] A.R. Uned. 266 (PC)
...R. v. McFarlane (1976) 55 A.R. 222; 1976 Carswell Alta 45 (C.A.). [12] Another helpful case from Provincial Court is R. v. VanHees , 2007 ABPC 333 (Judge Wheatley). Mitigating Circumstances [13] Dojcinovic confessed. [14] Dojcinovic does not have a prior criminal record. [15] She entered an......