Theft over $5,000

R. v. Tibbo

Sentence and the Crown's position

Crown asked10 months in custody1
Judge imposed6 months' imprisonment, then 12 months' probation; restitution of $98,1561
120 days less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked10 months in custody
Judge imposed6 months in custody
Defence asked90 days in custody
For theft over $5,000 (CC 334(a)), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 5% of the maximum. Read the section.

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

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.

1

The record

Convicted of
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

  1. 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 ofcounsel 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.
  2. Criminal Code, s. 334 Record, Justice Laws Website
  3. R v. Tibbo, 2022 NSSC 321 Court decision, Courts of Nova Scotia

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