J. Dated: 19970912 Docket: 7276 THE COURT OF APPEAL FOR SASKATCHEWAN Coram: Gerwing, Sherstobitoff Lane JJ.A. HER MAJESTY THE QUEEN and LARRY LIONEL ST. GERMAINE COUNSEL: Mr. D. Rayner for the Crown Respondent was unrepresented DISPOSITION: On Appeal From: Provincial Court Appeal Heard: 12 September 1997 Appeal Allowed: 12 September 1997 (orally) Written Reasons: 16 September 1997 Reasons By: The Honourable Mr. Justice Lane In Concurrence: The Honourable Madam Justice Gerwing The Honourable Mr. Justice Sherstobitoff Lane J.A. (orally) [1] The Crown appeals the imposition of a six month conditional sentence with 45 months probation and a restitution order against the respondent for the offence of stealing money in excess of $5,000 contrary to s. 334(a). [2] Clearly the maximum allowable probation period is three years and therefore the sentence imposed below is unenforceable. [3] The appeal is therefore allowed and the following order is made: That a restitution order pursuant to section 738 in the amount of $8,518 be paid directly to Mr. Hal Schmidt, c/o Family Pizza, Bay #10, 318 - 105th Street, Saskatoon, Saskatchewan, S7N 1Z3. That the six month conditional sentence is affirmed with the conditions as originally ordered with an additional condition: He shall pay restitution to Mr. Hal Schmidt, c/o Family Pizza, Bay #10, 318 - 105th Street, Saskatoon, Saskatchewan, S7N 1Z3 at the rate of at least $200 per month commencing June 1, 1997. That the period of probation is decreased to three years following the expiration of the six month conditional sentence. The terms of the probation order are affirmed save and except condition which is amended to read: Pay Restitution in the amount of $8,518 directly to Mr. Hal Schmidt, c/o Family Pizza, Bay #10, 318 105th Street, Saskatoon, Saskatchewan, S7N 1Z3 at the rate of at least $200 per month commencing in December 1, 1997 until the full amount is paid.
The Crown appealed the six month conditional sentence with 45 months probation and a restitution order for the offence of stealing money in excess of $5,000 contrary to s334(a). HELD: The appeal was allowed and the following ordered: a restitution order payable directly to the employer in the amount of $8,528; the six month conditional sentence was affirmed with the conditions as originally ordered plus restitution was to be paid in full at a rate of $200 per month; the period of probation was decreased to three years following the expiration of the six month conditional sentence. The maximum allowable probation period is three years and the sentence imposed was therefore unenforceable.