R. v. Wasylyk (T.J.), (2015) 610 A.R. 202 (PC)
Judge | Carminati, P.C.J. |
Court | Provincial Court of Alberta (Canada) |
Case Date | November 10, 2015 |
Citations | (2015), 610 A.R. 202 (PC) |
R. v. Wasylyk (T.J.) (2015), 610 A.R. 202 (PC)
MLB headnote and full text
Temp. Cite: [2015] A.R. TBEd. MR.032
Her Majesty the Queen v. Trevor Jason Wasylyk (accused)
(Action No. 141213694P1)
Indexed As: R. v. Wasylyk (T.J.)
Alberta Provincial Court
Carminati, P.C.J.
November 10, 2015.
Summary:
The accused, a teacher, pleaded guilty to fraud over $5,000 respecting his employer, the Edmonton Catholic School Board.
The Alberta Provincial Court imposed a 15 month conditional sentence.
Criminal Law - Topic 5609
Punishments (sentence) - General principles - Right to benefit of lesser punishment - [See Criminal Law - Topic 5859 ].
Criminal Law - Topic 5720.4
Punishments (sentence) - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5859 ].
Criminal Law - Topic 5830.4
Sentencing - Considerations on imposing sentence - Guilty plea - [See Criminal Law - Topic 5859 ].
Criminal Law - Topic 5831.1
Sentencing - Considerations on imposing sentence - Offences involving breach of trust - [See Criminal Law - Topic 5859 ].
Criminal Law - Topic 5841.3
Sentencing - Considerations on imposing sentence - Professional consequences - [See Criminal Law - Topic 5859 ].
Criminal Law - Topic 5859
Sentence - Fraud - Wasylyk was a teacher employed by the Edmonton Catholic School Board - He used school funds to purchase prepaid Visa cards that had nothing to do with legitimate school expenses - He defrauded the school of $11,289 over a three year period - Wasylyk lied about the fraud the first two times that he was confronted, but subsequently confessed to fraud before he was charged - The Alberta Provincial Court found that a conditional sentence could be considered because the start date of the offence (end of 2011) predated changes to the Criminal Code which removed the option of a conditional sentence for this type of offence - Wasylyk was constitutionally entitled to be sentenced based on the provisions that were in effect at the relevant time - Although a conditional sentence was not generally appropriate for a fraud in a breach of trust situation, it was appropriate here given the mitigating factors which included the guilty plea, the fact that he made full restitution, and the destruction of his career - The court imposed a 15 month conditional sentence.
Cases Noticed:
R. v. Proulx (J.K.D.), [2000] 1 S.C.R. 61; 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161, refd to. [para. 31].
R. v. Bracegirdle (S.) (2004) 354 A.R. 313; 329 W.A.C. 313; 2004 ABCA 252, refd to. [para. 32].
R. v. Bunn (T.A.) (2000), 249 N.R. 296; 142 Man.R.(2d) 256; 212 W.A.C. 256; 2000 SCC 9, refd to. [para. 33].
R. v. Watkinson (C.P.) (2001), 277 A.R. 313; 242 W.A.C. 313; 2001 ABCA 83, refd to. [para. 36].
R. v. Hartz (D.F.) (2002), 312 A.R. 399; 281 W.A.C. 399; 2002 ABCA 108, refd to. [para. 36].
R. v. Steinhubl (J.K.) et al. (2013), 542 A.R. 207; 566 W.A.C. 207; 2013 ABCA 39, refd to. [para. 37].
R. v. McKinnon (V.A.) (2005), 361 A.R. 271; 339 W.A.C. 271; 2005 ABCA 8, refd to. [para. 39].
R. v. Steward (A.E.) (2014), 572 A.R. 195; 609 W.A.C. 195; 2014 ABCA 125, refd to. [para. 46].
Counsel:
J. Danker, for the Crown;
B.A. Vail, Q.C., for the Defence.
This matter was heard before Carminati, P.C.J., of the Alberta Provincial Court, Judicial Centre of Edmonton, who delivered the following sentencing decision on November 10, 2015.
To continue reading
Request your trial