Woman’s crime doesn’t warrant jail time: judge

Former convenience store cashier pleaded guilty to stealing from her former employer

CORNER BROOK — She stole $21,000 in lottery tickets and gift cards from her employer, but a Corner Brook judge said the 150-day conditional sentence suggested by both the Crown and the defence was excessive.

Instead, Judge Wayne Gorman gave her a suspended sentence and placed Angelica Stone on probation for 12 months during an appearance in provincial court in Corner Brook on Friday.

The theft occurred in 2019 while Stone, 24, worked as a cashier in a convenience store. She was fired after the theft was discovered.

Nine months prior to being charged, she entered into an agreement with her former employer to repay $23,350, an amount that was more than she stole.

She had been paying her former employer $600 per month and had paid $3,200 before becoming unable to do so. Stone had found another job, but was fired when her new employer became aware of the theft charge.

In reviewing sentencing precedents, Gorman said incarceration is rarely imposed for the type of theft committed by Stone. In most instances, he said, a conditional period of imprisonment is imposed when an offender holding a position of trust commits an offence involving theft or fraud.

But it's not a default and not all positions of trust are equal, he said.

“The clerk who steals $20,000 from his or her employer should not always receive the same type of sentence as a general manager who defrauds her or his employer of more than $1 million,” he said in his written decision.

Gorman said Stone committed a serious breach of trust and gained financially from the thefts. However, she is a youthful offender, pleaded guilty to the charge, has no prior convictions, lost her employment and a subsequent position, and is a single mother on a limited income.

Based on the circumstances, he was satisfied that a suspended sentence and placing Stone on probation was a reasonable alternative to imposing a period of imprisonment.

The Crown had sought a restitution order for the amount stolen, but Gorman declined the request. He said an order was not necessary because Stone had already agreed to pay her former employer more than that. He noted she does not have the present means to pay restitution, but may have the ability to do so in the future.