R. v. Whitney (L.), (1995) 167 A.R. 187 (ProvCt)

• Judge: Fradsham, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: February 17, 1995
• Citations: (1995), 167 A.R. 187 (ProvCt)

R. v. Whitney (L.) (1995), 167 A.R. 187 (ProvCt)

MLB headnote and full text

Her Majesty the Queen v. Lisa Whitney

(40406068P20101)

Indexed As: R. v. Whitney (L.)

Alberta Provincial Court

Fradsham, P.C.J.

February 17, 1995.

Summary:

The accused pleaded guilty to stealing between $6,000 and $9,000 from her employer, the Tsuu T'ina Reserve.

The Alberta Provincial Court imposed a sentence of 90 days' incarceration.

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - A 28 year old native single mother with a grade 12 education pleaded guilty to stealing between $6,000 and $9,000 from her employer, the Tsuu T'ina Reserve - The Alberta Provincial Court imposed a sentence of 90 days' incarceration - Spe­cif­ic deterrence was not a concern - How­ever, this was a "trust theft" and general deterrence would not be satisfied by the social consequences suffered by the accused in her community or by a nominal jail term.

Criminal Law - Topic 5836

Sentencing - Considerations on imposing sentence - Deterrence - Prevalence of similar crime - [See Criminal Law - Topic 5831.1 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Native people - A 28 year old native single mother with a grade 12 edu­cation pleaded guilty to stealing between $6,000 and $9,000 from her employer, the Tsuu T'ina Reserve - The Alberta Provin­cial Court imposed a sentence of 90 days' incarceration - The court considered counsel's argument that it should consider general deterrence in the context of the small community of the Reserve and not Canada - The court took into account the specific community, but stated that there was no evidence that the Reserve was an isolated community which would require special consideration of the impact of incarceration - See paragraphs 8 to 13.

Cases Noticed:

R. v. Naqitarvik (1986), 69 A.R. 1 (N.W.T.C.A.), refd to. [para. 11].

R. v. Fireman (1971), 4 C.C.C.(2d) 82 (Ont. C.A.), dist. [para. 13].

Authors and Works Noticed:

Ross, Rupert, Leaving Our White Eyes Behind: The Sentencing of Native Accused, [1989] 3 C.N.L.R. 1, generally [para. 12]; p. 11 [para. 10].

Counsel:

P.B. Barley, for the Crown;

J.F. Crook, for the accused.

This matter was heard by Fradsham, P.C.J., of the Alberta Provincial Court, who delivered the following decision on February 17, 1995.