Date: 19970520 Docket: CAC 135795 NOVA SCOTIA COURT OF APPEAL Chipman, Freeman and Pugsley, JJ.A. BETWEEN: LINDA ANNE HILL and HER MAJESTY THE QUEEN Respondent Donald L. Presse for the Appellant Denise C. Smith for the Respondent Appeal Heard: May 20, 1997 Judgment Delivered: May 20, 1997 THE COURT: Leave to appeal is granted, but the appeal is dismissed as per oral reasons for judgment of Chipman, J.A.; Freeman and Pugsley, JJ.A., concurring. The reasons for judgment of the Court were delivered orally by: CHIPMAN, J.A.: This is an application for leave and, if granted, an appeal from a sentence of 12 months incarceration imposed by Gruchy, J. in Supreme Court. The appellant pled guilty to a charge of fraud exceeding $5,000 contrary to s. 380(1)(a) of the Criminal Code. The appellant had engaged in carefully planned scheme which enabled her to defraud her employer of more than $144,000. Following detection, she immediately accepted responsibility for her actions, cooperated with the authorities and pled guilty at the earliest opportunity. No explanation, other than one consistent with greed and envy, was ever given for the commission of the offence. Only about $17,000 was recovered from bank account of the appellant. At the appellant's sentencing it was urged upon Gruchy, J. that he should impose a conditional sentence. He declined to do so saying that in the circumstances of this case, such an option was not appropriate. We have heard the argument of counsel and have carefully reviewed the reasons for judgment of Gruchy, J. in passing sentence. We are satisfied that the trial judge considered all the appropriate principles in imposing sentence in this case, and that he committed no error. See this Court's judgment in R. v. Frenette, May 14, 1997, C.A.C. No. 132540. Leave to appeal is granted, but the appeal is dismissed. Chipman, J.A. Concurred in: Freeman, J.A. Pugsley, J.A. 1997 C.A.C. No. 135795 IN THE NOVA SCOTIA COURT OF APPEAL BETWEEN: LINDA ANNE HILL and HER MAJESTY THE QUEEN RESPONDENT APPLICATION FOR LEAVE TO APPEAL AND NOTICE OF APPEAL PARTICULARS OF CONVICTION 1. Place of conviction Halifax, Nova Scotia 2. Name of Judge Justice David Gruchy 3. Name of Court Nova Scotia Supreme Court 4. Name of Crown Prosecutor at trial Gary Holt 5. Name of Defence Counsel at trial Donald L. Presse 6. Offence of which appellant convicted Fraud over $5,000.00 7. Sections of the Criminal Code or other statutes under which appellant convicted 380(1)(a) Docket: CAC 135795 NOVA SCOTIA COURT OF APPEAL BETWEEN: LINDA ANNE HILL and HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT BY: CHIPMAN, J.A.
The appellant plead guilty to a charge of fraud exceeding $5,000. She engaged in a carefully planned scheme to defraud her employer of $144,000. Only $17,000 was recovered. The sentencing judge refused the appellant's request for a conditional sentence, finding that in the circumstances of the case such an option was not appropriate. She appealed. Dismissing the appeal, that the sentencing judge considered all the appropriate principles in imposing sentence. He did not commit any error.