JRSB205 (summer 2010)

Topic 2, Lesson 1, Activity 1: The Courts – Trial Decisions

Group C

1. What is the full name of the case?

Citation: R. v. Miller, 2010 ABPC 37

Name: R. v. Miller, 2010 ABPC 37 — 2010-02-05 Provincial Court of Alberta

2. What was the name of the accused?

The name was Laura Marie Miller.

3. What was the name of the Judge?

Honourable Judge P.M. Mcllhargey

4. Who was the lawyer for the accused?

The lawyer for the accused was Ms Beverly A. Broadhurst.

5. Who was the Crown Prosecutor?

The Crown Prosecutor was Esq. Vomberg.

6. What crime was the accused charged with?

Ms. Miller was accused with the charge of defrauding her employer, the case states specifically that “On or about the 1^st day of May, 2007, A.D. and the 30^th day of November 2008, A.D. at or near Millarville, in the Province of Alberta did by deceit, falsehood or other fraudulent means defraud HDTV Productions of Canadian currency to the sum of $39,515.66, contrary to section 380(1)(a) of the Criminal Code (sic).”

7. Provide a brief summary of the facts.

The complainant (HDTV) is an incorporated company whose correct legal name is HDTV Productions Inc.
Douglas Munro and Margot McMaster are and were shareholders and directors of the complainant, HDTV.
The accused began working with HDTV in 1997. For a period of one and one half years, the accused defrauded HDTV of the sum of at least $39,515.66
On November 28, 2008, Douglas Munro attended the Turner Valley RCMP detachment with information that one of HDTV’s employees had been defrauding the company.
On February 26, 2009 the accused attended the Turner Valley RCMP detachment and provided a cautioned, warned and chartered statement admitting the substance of the allegations against her. She was arrested, charged and released.
On July 27, 2009, the accused entered a plea of guilty, to one of five charges against her (making a false cheque contrary to s.367 of the Criminal Code).
On November 27, 2009, the accused entered a plea of guilty to the previous charge and the four remaining charges against the accused were withdrawn.
The Request for Restitution is for the sum of $32,586.45, being the total amount taken in the sum of $39,515.66, less $5,564.21 withheld by HDTV from the accused’s final pay cheque, including holiday pay, plus the further sum of $1,365.00 owed (and withheld) on account of the repurchase by HDTV of shares owned by the accused in the company.
Defense advised that they did not dispute the amount claimed.

8. What was the decision of the Court?

The accused, Laura Marie Miller, was sentenced to a custodial sentence of ten months; this means that she needed to serve in a provincial jail plus six months of probation order. In addition to the mandatory statutory terms as set out in s. 732.1(2) of the Criminal Code, two more conditions are imposed [2]:

a) Ms. Miller should report to a probation officer within seven days of her release; then she will report at such time and in such manner as the probation officer shall direct.

b) Ms. Miller shall attend for assessment and such counselling as her probation officer shall direct and in this regard shall sign a waiver and release of information and provide the probation officer with proof of completion of any recommended counselling.

In addition, Ms. Miller will pay (within 60 days after her release from jail) a restitution order in favour of HDTV Productions Inc. in the sum of $32,586.45 and a victim surcharge of $100, with deemed days in default of payment.

9. When did the Court deliver its decision?

Heard on the 27^th day of November, 2009

Decision made of the 5^th day of February 2010 in Calgary, Alberta

Works Consulted

[1] Alberta Courts, Retrieved May 22, 2010, fromhttp://www.albertacourts.ab.ca/Home/JudgmentsfromAllCourts/tabid/72/ctl/previewSelectedResult/mid/662/Default.aspx?results=9AEC9680-C57B-4BF5-83A7-9E233950EB9C&doc=1

[2] Alberta Courts, Retrieved May 22, 2010, from http://www.albertacourts.ab.ca/jdb/2003-/pc/criminal/2010/2010abpc0037.pdf

19/05/11