Theft over $5,000
R. v. Tibbo
Sentence and the Crown's position
What the law allows
Linda Deloris Tibbo was convicted after trial of theft over $5,000 and fraud over $5,000 for writing cheques to herself on her employer's business account over two and a half years, taking $98,156; the fraud count was stayed. The Crown sought 10 months' imprisonment and 12 months' probation; the defence sought 90 days intermittent followed by 21 months' probation. Justice Rowe imposed six months' imprisonment followed by 12 months' probation and ordered restitution of $98,156, citing the serious impact on the victim and the significant breach of trust over a lengthy period.
In the judge's words
1The overall circumstances of the crime had a serious impact on the victim, compounded by the significant breach of trust while committing the crime during a lengthy period of time.
The record
- Convicted of
- Theft over $5,000 (CC 334(a))
- Prior convictions
- 1 prior conviction1
- At the time of the offence
- Not stated1
- Defence asked for
- 90 days in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Bryson McDonald
Defence: Michael Power
Sources
- R v. Tibbo, 2022 NSSC 321 Court decision, CanLII, October 28, 2022
[14] The Crown submits that, on a review of the caselaw and evidence, Ms. Tibbo should receive a sentence of 10 months imprisonment, with a 12 month period of probation.
Ms. Tibbo submitted at the hearing that the Court consider a sentence of 90 days, to be served intermittently, followed by a probation order of 21 months.
[1] In an oral decision, made July 5, 2022, I found that the Crown proved beyond a reasonable doubt that Ms. Linda Deloris Tibbo was guilty of
counsel for Ms. Tibbo clarified their written submission and Ms. Cammy Tibbo’s statement by disclosing that Ms. Deloris Tibbo had a prior conviction. However, as this was an offence from decades ago, committed over 20 years ago
[38] The overall circumstances of the crime had a serious impact on the victim, compounded by the significant breach of trust while committing the crime during a lengthy period of time.
[48] On the second count, theft of money of a value exceeding five thousand dollars, contrary to s. 334(a) of the Criminal Code, I sentence you to a term of imprisonment for six months, with a period of probation ordered for 12 months upon release.
- Criminal Code, s. 334 Record, Justice Laws Website
- R v. Tibbo, 2022 NSSC 321 Court decision, Courts of Nova Scotia